
    UNITED STATES of America, Plaintiff—Appellee, v. Juan PENATE-ESCALANTE, Defendant—Appellant.
    No. 04-10032.
    D.C. No. CR-02-02029-ACM.
    United States Court of Appeals, Ninth Circuit.
    Submitted June 14, 2005.
    
    Decided June 24, 2005.
    Christina M. Cabanillas, Office of the U.S. Attorney, Tucson, AZ, for PlaintiffAppellee.
    Harriette P. Levitt, Tucson, AZ, for Defendant-Appellant.
    Before KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Juan Penate-Esealante appeals the district court’s judgment imposing a 51-month sentence following his guilty-plea conviction for illegal re-entry into the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We dismiss in light of the valid written appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered knowingly and voluntarily); United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (holding that the changes in sentencing law imposed by United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing).

Appellee’s motion to dismiss is denied as moot. All other pending motions are denied.

DISMISSED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     