MEMORANDUM **

Irving Garcia appeals his mandatory minimum 60-month sentence imposed following his guilty plea to distribution of a controlled substance, in violation of 21 U.S.C. § 841(a)(1). He contends that his waiver in his plea agreement of his right to appeal his sentence was not valid because a defendant cannot knowingly and voluntarily surrender his right to appeal a sentence not yet imposed. He seeks to challenge the district court’s calculation of his criminal history score, which made him ineligible for a “safety valve” reduction under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2.

As Irving acknowledges, his contention is foreclosed by this court’s case law. See United States v. Anglin, 215 F.3d 1064, 1066 (9th Cir. 2000); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (upholding appeal waiver in safety valve case following United States v. Book*110er, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)).

DISMISSED.