Forsythe

MEMORANDUM **

*743 Brian Forsythe appeals from the 168-month sentence imposed following his guilty plea conviction to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 , possession of firearms in furtherance of drug trafficking, in violation of 18 U.S.C. § 924 (c)(1), and conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

As a preliminary matter, we decline to enforce the appeal waiver contained in the plea agreement because, at the change of plea hearing, and at sentencing, the district court advised Forsythe that he could appeal his sentence. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir. 1995).

Forsythe contends that the district court erred by enhancing his sentence for uncharged, relevant conduct pursuant to U.S.S.G. § 1B1.3, and for offense role, pursuant to U.S.S.G. § 3Bl.l(c). We conclude that the enhancement for offense role was supported by the record, and we affirm. See United States v. Smith, 424 F.3d 992, 1015-16 (9th Cir.2005).

Forsythe contends that the enhancement for uncharged conduct violated his immunity…