United States of America, Plaintiff-appellee, v. Cirilo Barcenas-serrano, Defendant-appellant, 141 F.3d 1180 (9th Cir. 1998)

MEMORANDUM¹ 

Cirilo Barcenas-Serrano appeals from his guilty plea conviction and sentence for conspiracy to bring in, transport and harbor aliens, in violation of 8 U.S.C. §§ 1324(a) (1) (A) (II) and (III) and (a) (2) (B) (ii), bringing in illegal aliens for financial gain, in violation of 18 U.S.C. § 1324(a) (2) (B) (ii), and for other crimes having to do with transporting aliens and issuing false identification documents. We have jurisdiction under 28 U.S.C. 1291, and we dismiss.

The government contends that Barcenas-Serrano waived his right to appeal. Waiver of a statutory right to appeal is reviewed de novo. See United States v. Baramydka, 95 F.3d 840, 843 (9th Cir. 1996), cert. denied --- U.S. ----, 117 S. Ct. 1282, 137 L. Ed. 2d 357 (1997). Barcenas-Serrano knowingly and voluntarily agreed to waive "any right to appeal or to collaterally attack the conviction and sentence ... unless the court imposes a custodial sentenced greater than 33 months." In accordance with the plea agreement and upon the government's recommendation, the district court sentenced Barcenas-Serrano to 33 months. Accordingly, Barcenas-Serrano waived his right to contest his sentence on appeal.

DISMISSED.