Robles

MEMORANDUM **

The plain language of the appeal waiver in Robles’s plea agreement forecloses his argument that the district court erred in calculating his criminal history category, and thus erred in determining that Robles was ineligible for the “safety valve” under 18 U.S.C. § 3553 (f). Therefore, we dismiss this appeal.

“Plea agreements are contractual by nature and are measured by contract law standards.” United States v. Franco-Lopez, 312 F.3d 984, 989 (9th Cir.2002). The plain language of Robles’s plea agreement precluded an appeal “unless the Court imposes a custodial sentence greater than the high end of the guideline range (or statutory mandatory minimum term, if applicable) recommended by the Government pursuant to this agreement at the time of sentencing.” After calculating Robles’s criminal history category and determining that he was ineligible for safety valve relief, the district court sentenced Robles to the mandatory minimum. The district court did not impose a custodial sentence greater than the applicable mandatory minimum. Under the terms of the plea agreement, Robles has waived the right to appeal his sentence. See United States v. Torres, 999 F.2d 376, 378…