NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-16395
Plaintiff-Appellee, D.C. Nos.
1:16-cv-00686-ACK-KJM
v. 1:99-cr-00465-ACK-1
DOUGLAS AKIRA HIRANO, AKA Kevin
Higashi, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Alan C. Kay, District Judge, Presiding
Submitted August 19, 2019**
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Federal prisoner Douglas Akira Hirano appeals from the district court’s
order denying his 28 U.S.C. § 2255 motion to vacate his sentence. We have
jurisdiction under 28 U.S.C. § 2253. We review de novo, see United States v.
Reves, 774 F.3d 562, 564 (9th Cir. 2014), and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Hirano contends that the district court erred by denying his section 2255
motion because the holding in Johnson v. United States, 135 S. Ct. 2551 (2015),
applies equally to the mandatory Sentencing Guidelines. He asserts that his
sentence must be vacated because the textually identical residual clauses of the
career offender provision, U.S.S.G. § 4B1.1, and armed career criminal provision,
U.S.S.G. § 4B1.4(a), of the mandatory Guidelines under which he was sentenced
are unconstitutional in light of Johnson. Contrary to Hirano’s assertions, “Johnson
did not recognize a new right applicable to the mandatory Sentencing Guidelines
on collateral review.” United States v. Blackstone, 903 F.3d 1020, 1028 (9th Cir.
2018), cert. denied, No. 18-9368, 2019 WL 2211790 (June 24, 2019).
Accordingly, the district court properly denied relief under section 2255.
AFFIRMED.
2 17-16395