United States v. Floyd Harshman

FILED

NOT FOR PUBLICATION

AUG 17 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-30030

Plaintiff-Appellee, D.C. No. 4:12-cr-00003-RRB-1 v.

FLOYD EVERETT HARSHMAN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, District Judge, Presiding

Argued and Submitted August 4, 2016 Anchorage, Alaska

Before: FISHER, PAEZ, and HURWITZ, Circuit Judges.

Floyd Harshman appeals his conviction and sentence following entry of a

guilty plea pursuant to a plea agreement. He argues that the waiver of his appellate

rights in the plea agreement is unenforceable and that the district court abused its

discretion in denying his motion to withdraw his guilty plea. We dismiss his

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. appeal based on the waiver. See United States v. Rahman, 642 F.3d 1257, 1259

(9th Cir. 2011) (“Because an appeal from the denial of his motion to…