Brango

MEMORANDUM **

Albert Joseph Brango, Jr., appeals the district court’s judgment convicting him of one count of money laundering and aiding and abetting. Brango challenges only the requirement that he pay $686,400.00 in restitution. He argues that he did not waive the right to appeal the restitution order by pleading guilty and that the district court erred in ordering restitution where the government did not prove an ascertainable loss suffered by legally recognizable victims. Because this court lacks jurisdiction, we dismiss Brango’s appeal.

Whether a defendant has waived his right to appeal by entering into a plea agreement is reviewed de novo. United States v. Portillo-Cano, 192 F.3d 1246, 1249 (9th Cir.1999). Whether a waiver in a plea agreement is valid is also reviewed de novo. United States v. Ruiz, 241 F.3d 1157, 1163 (9th Cir.2001), cert. denied, — U.S. -, 122 S.Ct. 803 , 151 L.Ed.2d 689 (2002). Fed.R.Crim.P. 11(c)(6) requires the district court to address the defendant in open court and inform him or her, or determine that he or she understands, the terms of any provision in the plea agreement waiving the right to appeal.

In the present case, the district court did not…