United States v. Gregg Inoshita

697 F. App'x 922

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 29, 2017
• Docket: 16-15931
• Status: Unpublished

Opinion

MEMORANDUM **

Gregg Inoshita appeals from the district court’s judgment denying his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U.S.C. § 2253, and we dismiss.

Inoshita challenges his career offender sentence, contending that his prior convictions for bank robbery under 18 U.S.C. § 2113(a) are not “crime[s] of violence” under U.S.S.G. § 4B1.1(a) (2015). The government argues that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The terms of the appeal waiver in Inoshi-ta’s plea agreement unambiguously encompass the claims raised in this appeal. See id. at 1205-06. We reject as meritless Ino-shita’s arguments that his waiver is unenforceable. Accordingly, we dismiss pursuant to the valid waiver. See id. at 1207.

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.