Pocock

ORDER *

Appellant Pocock first challenges the validity of the appeal waiver contained in his negotiated plea agreement as a prelude to appealing his sentence on the ground that the district court erroneously applied U.S.S.G. §§ 3Bl.l(c) and 3B1.4 enhancements.

An appeal waiver contained in a plea agreement precludes an appeal on grounds encompassed by the waiver if the waiver is knowingly and voluntarily made. See United States v. Martinez, 143 F.3d 1266, 1271 (9th Cir.), cert. denied, 525 U.S. 811 , 119 S.Ct. 254 , 142 L.Ed.2d 209 (1998). Pocock argues that he did not knowingly waive the right to appeal his sentence because the language contained in his waiver was ambiguous. We disagree.

The plea agreement waiver provision read, “if the court accepts this plea agreement and imposes a sentence within its parameters, he will knowingly and voluntarily waive his right, contained in 18 U.S.C. § 3742 , to appeal the sentence imposed.” The plea agreement stated that the maximum statutory penalty for a violation of 18 U.S.C. § 922 (g)(1), the charge in this case, is ten years imprisonment. Because Pocock received a sentence of sixty months, his sentence is well within the parameters…