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United States v. Braulio Barajas-Zarate
674 F. App'x 739
| 9th Cir. | 2017
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*1 Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Braulio Barajas-Zarate appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846. We dismiss.

Barajas-Zarate challenges the district court’s denial of safety-valve relief *2 under 18 U.S.C. § 3553(f). The government contends that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The terms of the appeal waiver in Barajas-Zarate’s plea agreement unambiguously encompass this appeal of his within-Guidelines sentence. See id . at 1205-06. Contrary to Barajas-Zarate’s contention, the record reflects that he knowingly and voluntarily waived his right to appeal. We decline to consider on direct appeal Barajas-Zarate’s claim that counsel was ineffective for failing to advise him of the scope of the waiver. See United States v. Rahman , 642 F.3d 1257, 1259-60 (9th Cir. 2011). Accordingly, we dismiss pursuant to the valid waiver. See Harris , 628 F.3d at 1207.

DISMISSED.

2 15-30358

[*] 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).

Case Details

Case Name: United States v. Braulio Barajas-Zarate
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jan 23, 2017
Citation: 674 F. App'x 739
Docket Number: 15-30358
Court Abbreviation: 9th Cir.
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