Nguyen

MEMORANDUM ***

Defendant Ngoc Bich Nguyen appeals his conviction following his conditional guilty plea to one count of violating the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (c). Nguyen argues that RICO violates the Commerce Clause by allowing a Hobbs Act robbery, 18 U.S.C. § 1951 (a), to serve as a RICO predicate act. Specifically, he contends that a Hobbs Act robbery cannot serve as a RICO predicate act because it does not substantially affect interstate commerce, as required by United States v. Lopez, 514 U.S. 549 , 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995). We dismiss the appeal for lack of jurisdiction.

We review whether a defendant has waived his statutory right of appeal de novo. United States v. Martinez, 143 F.3d 1266, 1270 (9th Cir.1998). Nguyen waived his Commerce Clause challenge when he entered his conditional guilty plea, because he did not expressly reserve the issue for appeal. United States v. Chon, 210 F.3d 990 , 995 (9th Cir.), cert. denied, 531 U.S. 910 , 121 S.Ct. 259 , 148 L.Ed.2d 187 (2000).

*616 Although a guilty plea waives all claims of constitutional defects arising before the plea, Tollett v. Henderson, 411 U.S. 258, 267 ,…