United States of America v. Latuniua Pohahau

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LATUNIUA POHAHAU,
Defendant-Appellant.
No. 16-10051
D.C. No. 1:15-cr-00299-JMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, Chief Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Latuniua Pohahau appeals from the district court’s judgment and challenges
the 120-month sentence imposed following his guilty-plea conviction for
possession of methamphetamine with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291. We dismiss.
FILED
FEB 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Pohahau contends that the district court violated his Sixth Amendment right
to be present at sentencing when it failed to orally pronounce the conditions of
supervised release contained in the written judgment. The government argues that
the appeal should be dismissed based on the appeal waiver contained in the parties’
plea agreement. Reviewing de novo, see United States v. Watson, 582 F.3d 974,
981 (9th Cir. 2009), we dismiss. The district court did not violate Pohahau’s Sixth
Amendment rights. Pohahau’s counsel expressly waived Pohahau’s right to hear
the conditions of supervised release in light of the fact that Pohahau had heard the
same conditions earlier that day when he was sentenced in another criminal case.
See generally Campbell v. Wood, 18 F.3d 662, 671-72 (9th Cir. 1994) (en banc)
(Sixth Amendment right to be present may be waived). Accordingly, the appeal
waiver contained in the plea agreement is enforceable. See Watson, 582 F.3d at
988.
DISMISSED.
16-10051 2

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