NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 2 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-35445

Plaintiff-Appellee, D.C. Nos. 9:16-cv-00083-DWM 9:11-cr-00045-DWM-1 v.

SHAWN PATRICK MALARKEY, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Submitted October 22, 2019** Portland, Oregon

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

Shawn Patrick Malarkey appeals the district court’s order denying his

motion to vacate his 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 armed robbery

* 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). involving controlled substances under 18 U.S.C. § 2118(c)(1). We affirm.

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

Burke, No. 17-35446, we hold that armed robbery involving controlled substances

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

AFFIRMED.

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