United States of America v. Gregg Inoshita

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GREGG INOSHITA,
Defendant-Appellant.
No. 16-15931
D.C. Nos. 1:16-cv-00032-JMS
1:15-cr-00159-JMS
MEMORANDUM*
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).
FILED
SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-15931
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.

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