NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 17 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-50262 Plaintiff-Appellee, D.C. No. 3:17-cr-00104-WQH v. MEMORANDUM* JAVIER MORENO-MENDOZA, Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Javier Moreno-Mendoza appeals from the district court’s judgment and challenges the 19-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We dismiss.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Moreno-Mendoza argues that the district court improperly calculated the applicable Sentencing Guidelines range. 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 court imposed a sentence below the Guidelines range recommended by the government at sentencing. Thus, the terms of the appeal waiver in Moreno-Mendoza’s plea agreement unambiguously encompass this sentencing appeal. See id. at 1205-06. Accordingly, we dismiss pursuant to the valid waiver. See id. at 1207.

DISMISSED.

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