Aureoles

MEMORANDUM *

Orlando Aureoles appeals his guilty plea conviction and the 185-month sentence imposed for conspiracy to possess with intent to distribute more than 500 grams of a substance containing methamphetamine, in violation of 21 U.S.C. § 846 . As the facts are familiar to the parties, we do not recite them here except as necessary to understand our disposition.

The district court denied Aureoles’s request to withdraw from a plea agreement because the district court determined that Aureoles had not provided “a fair and just reason” to permit the plea withdrawal, as required by Federal Rule of Criminal Procedure 11(d)(2)(B). 1 Because we hold that Aureoles knowingly and voluntarily waived his right to appeal and that the present appeal is encompassed by the plea agreement’s language of waiver, we dismiss the appeal for lack of jurisdiction.

As a general rule, we lack jurisdiction to entertain appeals where there is a valid and enforceable waiver of the right to appeal. United States v. Jeronimo, 398 F.3d 1149, 1152-53 , slip op. 2087, 2095 (9th Cir. 2005). 2 A waiver of the right to appeal is valid and enforceable where (1) the language of the waiver encompasses the right to…