United States v. Season Eagleman

U.S. Court of Appeals for the Ninth Circuit

United States v. Season Eagleman

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 26 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-35966

Plaintiff-Appellee, D.C. Nos. 4:16-cv-00073-BMM 4:06-cr-00080-BMM-1 v.

SEASON HOPE EAGLEMAN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Submitted October 22, 2019** Portland, Oregon

Before: FARRIS, BEA, and CHRISTEN, Circuit Judges.

Season Hope Eagleman appeals the district court’s order denying her motion

to vacate her 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 assault with a dangerous weapon under 18

* 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). U.S.C. § 113(a)(3). We affirm.

For the reasons set forth in our concurrently filed opinion in United States v.

Gobert, No. 17-35970, we hold that assault with a dangerous weapon qualifies as a

crime of violence under § 924(c)(3)(A).

AFFIRMED.

2

Reference

Status
Unpublished