Ochoa-Paez

MEMORANDUM *

Fernando Ochoa-Paez appeals the 22-month sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326 (a), as enhanced by § 1326(b)(2). Ochoa-Paez argues that the waiver of his right to appeal is unenforceable. We have jurisdiction pursuant to 28 U.S.C. § 1291 . The validity of a waiver of the right to appeal is reviewed de novo. United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000). We enforce the waiver of appeal, and, accordingly, dismiss the appeal.

First, Ochoa-Paez contends that the waiver of his right to appeal does not apply because a statement by the district court invalidated the waiver. Ochoa-Paez relies upon United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.1995). The facts of this case are clearly distinguishable *998 from Buchanan . The district court explicitly advised Ochoa-Paez that the plea agreement provided for a waiver of appeal, stating, ‘You should be advised that there’s ordinarily a right to appeal a sentence even if one pleads guilty but you waived your right to appeal ... such a waiver is generally enforceable.” The court’s statements did not invalidate the waiver of appeal. United…