Ayon

MEMORANDUM **

Upon indictment on three counts related to the manufacture, possession and distribution of methamphetamine pursuant to 21 U.S.C. §§ 846 , 841(a)(1), and 18 U.S.C. § 2 (a), Francisco Ayon entered into a plea agreement in which he pled guilty to the § 846 conspiracy count and waived his right to appeal his conviction and sentence. Notwithstanding the waiver of his right to *724 appeal, Ayon has appealed on several grounds. We have jurisdiction under 28 U.S.C. § 1291 , and affirm, except as to his Apprendi-related claims.

As the validity of Ayon’s waiver determines whether we can consider his weapons enhancement and downward departure claims of error, we address this issue first. Ayon claims the waiver was impermissibly vague and lacking in consideration because the government and district court failed to adequately explain what appeal rights Ayon waived and because the government’s agreement to recommend dismissal of some counts, as well as a three-level sentence decrease for acceptance of responsibility, was essentially “meaningless.” We reject those claims. We have repeatedly held that “[t]he sole test of a waiver’s validity is whether it was made knowingly and…