MEMORANDUM **

Andrei Mirel appeals from the 38-month sentence imposed following his guilty-plea conviction to improper entry by an alien, in violation of 8 U.S.C. § 1325(a); use of a false or altered passport, in violation of 18 U.S.C. § 1543; and wire fraud, in violation of 18 U.S.C. § 1343. We dismiss.

*664 Mirel contends that the district erred by relying on the presentence report, rather than the parties’ stipulation, to determine the loss amount under U.S.S.G. § 2B 1.1(b)(1), and by imposing a substantively unreasonable sentence. We are precluded from reaching the merits of Mirel’s claim by a valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009). Contrary to Mirel’s contention, the district court did not impose a sentence that exceeds the advisory Sentencing Guidelines range as determined by the court that would trigger one of the appeal waiver exceptions set forth in the plea agreement.

DISMISSED.