MEMORANDUM**

Carlos Alberto Flood-Quispe appeals the 77-month sentence imposed following his conviction by guilty plea for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We dismiss the appeal.

Because the conditions precedent to Flood-Quispe’s waiver of his right to direct appeal were met — the sentence was within the statutory maximum and was constitutional; the district court did not depart upward in offense level or criminal history category; and the district court determined that the total offense level is 21 and imposed a sentence at the low end of the applicable guideline range — we enforce the appeal waiver. Moreover, the voluntary and knowing nature of FloodQuispe’s waiver of appeal was unaffected by United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (stating that “a change in the law does not make a plea involuntary and unknowing”).

DISMISSED.