USA V. GREGG INOSHITA, No. 16-15931 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 29 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-15931 D.C. Nos. 1:16-cv-00032-JMS 1:15-cr-00159-JMS v. MEMORANDUM* GREGG INOSHITA, Defendant-Appellant. Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, Chief Judge, Presiding Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 Inoshita’s plea agreement unambiguously encompass the claims raised in this appeal. See id. at 1205-06. We reject as meritless Inoshita’s arguments that his waiver is unenforceable. Accordingly, we dismiss pursuant to the valid waiver. See id. at 1207. DISMISSED. 2 16-15931

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