*1 Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
John Carl Reynolds appeals from the district court’s judgment and challenges the 51-month sentence imposed following his guilty-plea conviction for aiding and abetting and mail fraud, in violation of 18 U.S.C. §§ 2(a) and 1341. We dismiss in part and affirm in part.
*2 Reynolds contends that the district court erred by applying a sentencing enhancement for his abuse of a position of trust under U.S.S.G. § 3B1.3. The government contends that this claim is barred by a valid appeal waiver. Reviewing de novo, we conclude that the provision of the appeal waiver stating that Reynolds waives the right to appeal “the procedures and calculations used to determine . . . the sentence” unambiguously encompasses this claim. See United States v. Harris, 628 F.3d 1203, 1205-06 (9th Cir. 2011).
Reynolds next contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Reynolds’s sentence. See Gall v. United States , 552 U.S. 38, 51 (2007). The high-end sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including the nature of the offense and Reynolds’s history of fraudulent behavior. See Gall , 552 U.S. at 51.
DISMISSED in part; AFFIRMED in part.
2 15-50048
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).