Taylor

MEMORANDUM **

Defendant Adrian Keith Taylor, a member of the Nez Pierce Indian tribe, appeals his sentence, and the district court’s decision to retain jurisdiction over his case, after pleading guilty to sexual assault charges.

1. As part of his plea agreement, Defendant expressly waived his right to appeal his conviction and sentence, except as to the double jeopardy issue discussed below. Accordingly, Defendant’s challenge to the district court’s assessment of his criminal history for sentencing purposes must fail. See United States v. Littlejohn, 224 F.3d 960, 971 (9th Cir.2000) (enforcing a defendant’s valid waiver of the right to appeal his sentence). Furthermore, Defendant’s claim that his sentence violates the Sixth Amendment under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), must also fail be *85 cause a change in the law does not transform a valid waiver of the right to appeal into an involuntary or unknowing one. United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005).

2. Defendant argues that the district court should have dismissed one of his sexual abuse charges as violative of the Fifth Amendment double jeopardy clause,…