Saleh

MEMORANDUM **

Thabet Saleh pled guilty, pursuant to a plea agreement, to one count of conspiracy to possess and distribute pseudoephedrine, a List I chemical, knowing or having reasonable cause to believe that it would be used to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(d)(2). He appeals his sentence, arguing that he was entitled to a two-level decrease in his offense level pursuant to the safety valve provision of U.S.S.G. § 5C1.2.

In his plea agreement, Saleh waived the right to appeal his conviction and sentence. On appeal, the Government declines to enforce Saleh’s appeal-waiver and instead *106 urges us to address the case on the merits. The Government’s position, however, is not binding on this court if we conclude that Saleh knowingly and intelligently waived his right to appeal. See, e.g., United, States v. Schmidt, 47 F.3d 188,189-92 (7th Cir.1995). Whether a waiver in a plea agreement is valid is reviewed de novo. See United States v. Michlin, 34 F.3d 896, 898 (9th Cir.1994).

In determining whether the plea agreement was entered into knowingly and voluntarily, we look at the express language of the waiver and the circumstances surrounding…