U.S. Court of Appeals for the Ninth Circuit, 2018

United States v. Gary Fite

United States v. Gary Fite
U.S. Court of Appeals for the Ninth Circuit · Decided December 5, 2018

United States v. Gary Fite

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 5 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-16937 Plaintiff-Appellee, D.C. Nos. 4:16-cv-02895-PJH 4:13-cr-00212-PJH v. GARY CASDELL FITE, MEMORANDUM* Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, Chief Judge, Presiding Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

Gary Casdell Fite 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).

Fite 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 17-16937

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