Ceja-Romero

MEMORANDUM **

Marcelino Ceja-Romero, an alien convicted by guilty plea of illegally reentering the United States pursuant to 8 U.S.C. § 1326 , appeals his fifty-one month sentence. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand for resentencing.

As an initial matter, the government contends this appeals is barred by the written appeal waiver in Ceja-Romero’s plea agreement. We disagree. The district court unequivocally stated that the appeal was barred “so long as [CejaRomero was] sentenced in accordance with *620 the sentencing guidelines.” The district court’s clear statement therefore controls over the provisions of the appeal waiver. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.1995). Our decision in United States v. Schuman, 127 F.3d 815, 817 (9th Cir.1997) (per curiam), does not compel a contrary result, because in that case the district court made an unqualified statement as to the defendant’s right to appeal, the prosecution objected and the court subsequently expressed uncertainty as to appellate rights.

Ceja-Romero contends that his prior Washington state conviction for assault with a deadly weapon is not categorically a crime of…