United States v. Benavidez

MEMORANDUM**

Antonio Benavidez appeals his 120-month sentence following his guilty plea conviction for distribution of more than 50 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We lack jurisdiction, and dismiss.

Benavidez contends that the district court failed to rule on his eligibility for a safety valve departure from the statutory minimum sentence.1 His plea agreement, *458however, waived the right to appeal a sentence within the statutory maximum, as long as the court did not depart upward. The conditions of the waiver were met, and we will enforce it. United States v.…