United States v. Dana Brian Hutchinson

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Dana Brian HUTCHINSON, Defendant-Appellant. No. 95-10350. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Dana Brian Hutchinson appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to two counts of armed bank robbery ( 18 U.S.C. §§ 2113 (a) & (d)) and one count for the use of a firearm during a crime of violence ( 18 U.S.C. § 924 (c)). Hutchinson was sentenced to concurrent terms of 109 months for the armed robbery counts and 60 months for use of the firearm. Hutchinson's threshold contention is that he did not knowingly and voluntarily waive his right to appeal his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 3 We review de novo the validity of a waiver of a right to appeal…