Lopez

MEMORANDUM **

Felipe Miguel Lopez, Jr., appeals the sentence imposed following his guilty plea to importation of cocaine in violation of 21 U.S.C. §§ 952 and 960. He contends that the district court violated his right to due process by considering an adjudication of juvenile delinquency in denying him a “safety valve” reduction under 18 U.S.C. § 3553 (f) and U.S.S.G. § 5C1.1. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

This appeal is barred by Lopez’s waiver, in his plea agreement, of “any right to appeal ... the conviction and sentence ... unless the Court imposes a custodial sentence above the greater of the high end of the guideline range recommended by the Government pursuant to this agreement at the time of sentencing or statutory minimum term.” See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir.), cert. denied, - U.S. -, 128 S.Ct. 681 , 169 L.Ed.2d 533 (2007).

In addition, Lopez’s contention lacks merit. Lopez contends that the district court’s consideration of his juvenile adjudication violated his right to due process because there was no right to a jury trial in the juvenile proceedings. See 18 U.S.C. § 3553 (f) (providing for sentence without…