NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30358
Plaintiff-Appellee, D.C. No. 4:14-cr-06041-EFS
v.
MEMORANDUM*
BRAULIO BARAJAS-ZARATE,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
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
*
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).
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, 1259-60 (9th
Cir. 2011). Accordingly, we dismiss pursuant to the valid waiver. See Harris, 628
F.3d at 1207.
DISMISSED.
2 15-30358