Sepulveda-Iribe

MEMORANDUM ***

Alfredo Sepulveda-Iribe appeals his conviction and sentence of 48 months’ imprisonment after pleading guilty to one misdemeanor count and two felony counts of illegal entry in violation of 8 U.S.C. § 1325 , arguing that the district court erred by denying his motion to withdraw his guilty plea. However, because this Court “lack[s] 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.), cert. denied, — U.S. —, 126 S.Ct. 198 , 163 L.Ed.2d 188 (2005), the appeal must be dismissed.

A defendant’s waiver of appellate rights is enforceable so long as: (1) the waiver encompasses his right to appeal on the ground raised and (2) the waiver is knowingly and voluntarily made. United States v. Joyce, 357 F.3d 921, 922 (9th Cir.2004). Here, the plain and unambiguous language of the plea agreement provides for a waiver of “any right to appeal or to collaterally attack the guilty plea.” Such a comprehensive waiver of appellate rights encompasses the direct appeal of the denial of Sepulveda-Iribe’s motion to withdraw his guilty plea. Jeronimo, 398 F.3d at 1154 ; United…