United States of America v. Braulio Barajas-Zarate

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRAULIO BARAJAS-ZARATE,
Defendant-Appellant.
No. 15-30358
D.C. No. 4:14-cr-06041-EFS
MEMORANDUM*
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).
FILED
JAN 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-30358
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.

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