United Statesv.Malarkey

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITDec 2, 2019
No. 17-35445 (9th Cir. Dec. 2, 2019)

No. 17-35445

12-02-2019

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SHAWN PATRICK MALARKEY, Defendant-Appellant.


NOT FOR PUBLICATION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).

AFFIRMED.