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United States v. Nelson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 26, 2021
No. 17-55246 (9th Cir. Jan. 26, 2021)

Opinion

No. 17-55246

01-26-2021

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LAMONT BENEDICT NELSON, AKA Lamont Lee, Defendant-Appellant.


NOT FOR PUBLICATION

D.C. Nos. 3:16-cv-01532-WQH 3:95-cr-00072-WQH-4 MEMORANDUM Appeal from the United States District Court for the Southern District of California
William Q. Hayes, District Judge, Presiding Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Federal prisoner Lamont Benedict Nelson appeals from the district court's judgment denying his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see United States v. Reves, 774 F.3d 562, 564 (9th Cir. 2014), we affirm.

Nelson challenges his conviction and sentence under 18 U.S.C. §§ 2 and 924(c) for aiding and abetting the use and carry of a firearm during the commission of a crime of violence. Nelson's contention that Hobbs Act robbery, 18 U.S.C. § 1951, is not a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A) is foreclosed. See United States v. Dominguez, 954 F.3d 1251, 1260-61 (9th Cir. 2020) (reaffirming that Hobbs Act robbery is a crime of violence under the elements clause of § 924(c)(3)). Nelson asserts that Dominguez was wrongly decided, but as a three-judge panel, we are bound by the decision. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc) (three-judge panel is bound by circuit precedent unless that precedent is "clearly irreconcilable" with intervening higher authority).

AFFIRMED.


Summaries of

United States v. Nelson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 26, 2021
No. 17-55246 (9th Cir. Jan. 26, 2021)
Case details for

United States v. Nelson

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LAMONT BENEDICT NELSON…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 26, 2021

Citations

No. 17-55246 (9th Cir. Jan. 26, 2021)