Hector Hurtado-Aguilar appeals following his guilty-plea conviction and sentence for conspiracy to possess with intent to distribute more than 500 grams of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846.
Hurtado-Aguilar contends that the appellate-waiver provision in his plea agreement does not preclude the instant appeal because his claim is, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, *468159 L.Ed.2d 403 (2004), a claim that his sentence exceeds the applicable statutory-maximum. Further, he argues that because Blakely was not applicable at the time of his waiver, it was impossible for him to make a valid waiver of his rights under Blakely. The Government disagrees and seeks to enforce the appellate-waiver provision.
The record reflects that Hurtado-Aguilar knowingly and voluntarily waived his right to appeal his sentence. See United States v. McKinney, 406 F.3d 744, 746 (5th Cir.2005). Hurtado-Aguilar’s sentence did not exceed the statutory maximum. See United States v. Cortez, 413 F.3d 502, 503 (5th Cir.), cert. denied, — U.S.-, 126 S.Ct. 502, 163 L.Ed.2d 365 (2005); United States v. Bond, 414 F.3d 542, 545-46 (5th Cir.2005). Further, the fact that Blakely and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), were decided after Hurtado-Aguilar entered his guilty plea does not invalidate the otherwise valid plea. See United States v. Burns, 433 F.3d 442, 450-51 (5th Cir.2005). Therefore, Hurtado-Aguilar’s claims are barred by the appellate-waiver provision in his plea agreement.
AFFIRMED.