United States of America v. Rashad Branagh

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RASHAD BRANAGH,
Defendant - Appellant.
No. 12-50550
D.C. No. 8:10-cr-00111-JVS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Rashad Branagh appeals from the district court’s judgment and challenges
the 151-month sentence imposed following his guilty-plea conviction for bank
robbery, in violation of 18 U.S.C. § 2113(a). We dismiss.
FILED
MAY 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 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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Branagh contends that the district court abused its discretion by declining to
vary downward from the advisory Guidelines range that applied to him as a career
offender under U.S.S.G. § 4B1.1. The government contends that this appeal
should be dismissed based on an appeal waiver. We review de novo whether to
enforce an appeal waiver. See United States v. Joyce, 357 F.3d 921, 922 (9th Cir.
2004).
Branagh waived the right to challenge “the term of imprisonment imposed
by the Court,” but he retained the right to challenge the district court’s
determination of whether he was a career offender. We dismiss this appeal
because Branagh only challenges the term of imprisonment imposed by the district
court and does not challenge the correctness of the district court’s career offender
determination. See id. (“A defendant’s waiver of his appellate rights is enforceable
if the language of the waiver encompasses his right to appeal on the grounds
raised, and if the waiver was knowingly and voluntarily made.”). Moreover,
contrary to Branagh’s contention, the appeal waiver is unambiguous, and the
record reflects that he knowingly and voluntarily entered into the waiver.
DISMISSED.
12-50550 2

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