Yanez-Saucedo

MEMORANDUM **

Jose Yanez-Saucedo appeals his sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Because at the time of pleading guilty Yanez-Saucedo validly waived any right to appeal, we dismiss the appeal.

“We lack jurisdiction to entertain appeals where there was a valid and enforceable waiver of the right to appeal.” United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir.2005). ‘We review de novo whether a defendant has waived his right to appeal by entering into a plea agreement and the validity of such a waiver.” Id. at 1153 . A waiver of the right to appeal is valid when “(1) the language of the waiver encompasses [the defendant’s] right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” Id.

Yanez-Saucedo’s waiver, in his plea agreement, of “any right to appeal the imposition of sentence” if the sentence imposed was consistent with the plea agreement encompassed his right to appeal his sentence enhancement under United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Cortez-Arias, 425 F.3d 547, 548 (9th Cir.2005); see also Jeronimo, 398 F.3d at 1154 (holding…