United States v. Arthur Blacksher, Jr.

U.S. Court of Appeals for the Ninth Circuit

United States v. Arthur Blacksher, Jr.

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 5 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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. 18-15190

Plaintiff-Appellee, D.C. Nos. 4:16-cv-03392-JSW 4:04-cr-00030-JSW v.

ARTHUR EDWARD BLACKSHER, Jr., MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Submitted November 27, 2018**

Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

Arthur Edward Blacksher, Jr., 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). Blacksher 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 U.S.S.G.

§ 4B1.1. This argument is foreclosed. See United States v. Watson, 881 F.3d 782

(9th Cir.), cert. denied, 139 S. Ct. 203 (2018). Compare 18 U.S.C. § 924(c)(3)(A)

with U.S.S.G. § 4B1.2(a)(1).

AFFIRMED.

2 18-15190

Reference

Status
Unpublished