United States of America, Plaintiff-appellee, v. Mauricio Rosales Mondragon, Defendant-appellant, 76 F.3d 390 (9th Cir. 1996)

Before: ALARCON, HALL, and BRUNETTI, Circuit Judges

MEMORANDUM^** 

Mauricio Rosales Mondragon appeals his sentence imposed following his guilty plea to re-entry by a deported alien after a felony conviction in violation of 8 U.S.C. § 1326(b) (1). Mondragon contends the district court erred by concluding that it lacked authority to depart downward on the basis of the minor nature of the prior conviction. We dismiss this appeal because in his plea agreement Mondragon waived his right to appeal "the offense level set by the Court." We reject Mondragon's contention that the district court's oral pronouncement at the sentencing hearing superceded the appeal waiver. After the district court informed Mondragon that he had the right to appeal, the prosecutor "note [d] for the record there is an appeal waiver in the plea agreement." Thus, Mondragon cannot reasonably rely on the district court's pronouncement. Cf. United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.), cert. denied, 116 S. Ct. 430 (1995).

DISMISSED.