United States v. Michael Torres
United States v. Michael Torres
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 5 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-15222 Plaintiff-Appellee, D.C. Nos. 1:16-cv-00890-LJO 1:11-cr-00448-LJO v. MICHAEL TORRES, MEMORANDUM* Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of California Lawrence J. O'Neill, Chief Judge, Presiding Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
The stay issued in this appeal on January 26, 2018, is lifted.
Michael Torres appeals from the district court’s judgment denying his 28 U.S.C. § 2255 motion to vacate. We have jurisdiction under 28 U.S.C. § 2253, 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).
Torres contends that his armed bank robbery conviction under 18 U.S.C. § 2113(a), (d) does not qualify as a predicate crime of violence under 18 U.S.C. § 924(c). This argument is foreclosed. See United States v. Watson, 881 F.3d 782 (9th Cir.), cert. denied, 139 S. Ct. 203 (2018).
AFFIRMED.
2 17-15222
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