UNITED STATES OF AMERICA v. GREGG INOSHITA (2017)

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 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.