United States v. Braulio Barajas-Zarate

U.S. Court of Appeals for the Ninth Circuit
United States v. Braulio Barajas-Zarate, 674 F. App'x 739 (9th Cir. 2017)

United States v. Braulio Barajas-Zarate

Opinion

MEMORANDUM **

Braulio Barajas-Zarate appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846. We dismiss.

Barajas-Zarate challenges the district court’s denial of safety-valve relief under 18 U.S.C. § 3553(f). The government contends that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The terms of the appeal waiver in Barajas-Zarate’s plea agreement unambiguously encompass this appeal of his within-Guidelines sentence. See id. at 1205-06. Contrary to Barajas-Zarate’s contention, the record reflects that he knowingly and voluntarily waived his right to appeal. We decline to consider on direct appeal Barajas-Zarate’s claim that counsel was ineffective for failing to advise him of the scope of the waiver. See United States v. Rahman, 642 F.3d 1257, *740 1259-60 (9th Cir. 2011). Accordingly, we dismiss pursuant to the valid waiver. See Harris, 628 F.3d at 1207.

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Braulio BARAJAS-ZARATE, Defendant-Appellant
Status
Unpublished