Perlaza-Ortiz

*642 MEMORANDUM **

Segundo Misael Perlaza-Ortiz pleaded guilty to one count of conspiracy to possess, with intent to distribute, approximately 180 kilograms (396 pounds) of cocaine, on board a vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act (“MDLEA”), 46 App. U.S.C. § 1903(a). The district court imposed a sentence of 70-months imprisonment and Perlaza-Ortiz appealed. The facts are known to the parties and we do not repeat them here.

I

Perlaza-Ortiz first argues that the indictment against him should be dismissed because it failed to allege that the vessel aboard which he was traveling was “stateless.” By pleading guilty unconditionally, however, Perlaza-Ortiz has waived his right to challenge the sufficiency of the indictment. It is true that “[o]rdinarily, in this circuit, ‘[cjlaims that the applicable statute is unconstitutional or that the indictment fails to state an offense’ are jurisdictional claims not waived by the guilty plea.” United States v. Perlaza, 439 F.3d 1149 , 1167 n. 21 (9th Cir. 2006) (quoting United States v. Mantilla, 870 F.2d 549, 552 (9th Cir.1989) (internal citations omitted)). However, as…