NOT FOR PUBLICATION
D.C. Nos. 9:16-cv-00083-DWM 9:11-cr-00045-DWM-1 MEMORANDUM Appeal from the United States District Court for the District of Montana
Donald W. Molloy, District Judge, Presiding Submitted October 22, 2019 Portland, Oregon Before: FARRIS, BEA, and CHRISTEN, Circuit Judges.
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). --------
Shawn Patrick Malarkey appeals the district court's order denying his motion to vacate his sentence imposed in connection with Count Two of the indictment: use of a firearm during a crime of violence under 18 U.S.C. § 924(c)(1)(A), where the predicate "crime of violence" is armed robbery involving controlled substances under 18 U.S.C. § 2118(c)(1). We affirm.
For the reasons set forth in our concurrently filed opinion in United States v. Burke, No. 17-35446, we hold that armed robbery involving controlled substances qualifies as a crime of violence under § 924(c)(3)(A).