
    UNITED STATES of America, Plaintiff-Appellee, v. Agustin Guadalupe GONZALES-RODRIGUEZ, Defendant-Appellant.
    No. 10-10233.
    United States Court of Appeals, Ninth Circuit.
    Submitted Feb. 15, 2010.
    
    Filed Feb. 22, 2011.
    
      Joseph W. Hanley, Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appel-lee.
    Francisco Leon, Tucson, AZ, for Defendant-Appellant.
    Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Agustín Guadalupe Gonzales-Rodriguez appeals from the 37-month sentence imposed following his guilty-plea conviction to re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Gonzales-Rodriguez contends that the district court erred when it applied the 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) after finding that his prior conviction for statutory rape was a “crime of violence.” The valid and enforceable appeal waiver set forth in the plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir.2007). We therefore enforce the waiver and dismiss the appeal.

DISMISSED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     