Court of Appeals for the Ninth Circuit January 4, 2001, No. 00-10012; D.C. No. CR-98-00249-1-MJJ (United States v. Mueller)

MEMORANDUM2

We dismiss this appeal because Mueller waived his right to appeal as part of a valid plea agreement.

An express waiver of appeal is valid if the guilty plea is knowingly and voluntarily made.3 This court looks “to circumstances surrounding the signing and entry of the plea agreement to determine whether the defendant agreed to its terms knowingly and voluntarily.