United States v. Allen Tagatac

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10133 Plaintiff-Appellee, D.C. Nos. v. 1:20-cr-00063-JAO-1 1:20-cr-00063-JAO

ALLEN K. TAGATAC,

Defendant-Appellant.

OPINION

Appeal from the United States District Court for the District of Hawaii Jill Otake, District Judge, Presiding

Argued and Submitted April 14, 2022 San Francisco, California

Filed June 10, 2022

Before: Jay S. Bybee and Ryan D. Nelson, Circuit Judges, and Susan R. Bolton, * District Judge.

Opinion by Judge R. Nelson

* The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Criminal Law

The panel affirmed a sentence in a case in which the defendant challenged his designation as a career offender under U.S.S.G.§ 4B1.1(a)(3), arguing that an earlier Hawai’i state conviction for second-degree robbery does not qualify as a crime of violence under the categorical approach in Taylor v. United States, 495 U.S. 575 (1990).

The defendant argued that Hawai’i’s second-degree robbery statute, Haw. Rev. Stat. § 708-841 (1986),…