Does Defendant's failure to raise this objection below constitute a waiver of the right to appeal?

1 Defendant did not raise this objection below. In fact, he expressly agreed that the statutory maximum provided the proper sentence. We have sometimes held such a failure to object constitutes a waiver of the right to appeal. United States v. Hernandez-Rodriguez, 975 F.2d 622, 628 (9th Cir.1992). Nonetheless, we consider defendant's argument because it's purely an issue of law and his failure to raise it below does not appear to prejudice the government. See United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991).