Burboa

MEMORANDUM **

Rigoberto Burboa appeals his 24-month sentence, which the district court imposed after Burboa pled guilty to one count of Illegal Re-entry After Deportation in violation of 8 U.S.C. § 1326 (a). Burboa challenges the district court’s determination that he suffered a prior aggravated felony conviction for purposes of enhancement under U.S.S.G. § 2L1.2(b)(1)(C). The government contends that Burboa cannot appeal his sentence because he knowingly and voluntarily waived his appellate rights in his plea agreement. The government also argues that even if appellate jurisdiction exists, the district court correctly determined that Burboa’s prior conviction constituted an aggravated felony for purposes of § 2L1.2(b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In light of the district court’s oral representation to Burboa during the sentencing hearing, the waiver of appellate rights in the plea agreement is not a jurisdictional bar to Burboa’s appeal. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.), cert. denied, 516 U.S. 970 , 116 S.Ct. 430 , 133 L.Ed.2d 345 (1995). The district court, however, did not err in calculating Burboa’s advisory…