United States of America, Plaintiff-appellee, v. Salvador Pelayo-lopez, Defendant-appellant, 139 F.3d 909 (9th Cir. 1998)

MEMORANDUM^* 

Salvador Pelayo-Lopez appeals his sentence imposed after his guilty plea to conspiracy to import marijuana in violation of 21 U.S .C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

The government contends that Pelayo-Lopez waived his right to appeal. Waiver of a statutory right to appeal is reviewed de novo. See United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir. 1996), cert. denied, --- U.S. ----, 117 S. Ct. 1282, 137 L. Ed. 2d 357 (1997). Pelayo-Lopez knowingly and voluntarily agreed to waive "any right to appeal his sentence unless the court imposes a custodial sentence greater than the high end of the offense level recommended by the Government pursuant to this agreement" and the government recommended an offense level of 11. See id. (explaining that an express waiver of the right to appeal is valid only if knowingly and voluntarily made). The condition was met when the district court complied with the plea agreement and sentenced Pelayo-Lopez within the sentencing range for the offense level of 11. Accordingly, Pelayo-Lopez waived his right to contest his sentence on appeal. See id.

DISMISSED.