United States v. Barry Addison Gray

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Barry Addison GRAY, Defendant-Appellant. No. 96-10209. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 5, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Barry Addison Gray appeals his sentence following his conviction by guilty plea to armed bank robbery, in violation of 18 U.S.C. § 2113 (a) and (d). Gray contends that the district court erred in imposing a $5000 fine because he has no present or future ability to pay. The government asserts that Gray has waived his right to bring this appeal. We have jurisdiction under 28 U.S.C. § 1291 , and dismiss. 3 We review de novo whether a defendant has waived his right to appeal. See United States v. Petty, 80 F.3d 1384, 1386 (9th Cir.1996). We look to the plain language of the waiver to determine if the defendant waived the right to appeal a…