
    UNITED STATES of America, Plaintiff-Appellee, v. Nicholas RAPIER, Defendant-Appellant.
    No. 08-10573.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 15, 2009.
    
    Filed Jan. 11, 2010.
    Jason Hitt, USSAC-Office of the U.S. Attorney, Sacramento, CA, for Plaintiff-Appellee.
    Quin Anthony Denvir, Davis, CA, for Defendant-Appellant.
    Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Nicholas Rapier appeals from the 188-month sentence imposed following his guilty-plea conviction for distribution of at least 5 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Rapier contends that the district court erred at sentencing by ignoring mitigating factors that it was required to consider under 18 U.S.C. § 3553(a), and that the sentence imposed is unreasonable. We are precluded from reaching the merits of this claim by the valid appeal waiver. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007).

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