UNITED STATES v. NGO (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Nam Nhat NGO, Defendant-Appellant.

No. 17-55169

Decided: December 05, 2018

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

Carlos Arguello, II, Esquire, Assistant U.S. Attorney, Helen H. Hong, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee Kara Hartzl, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant

MEMORANDUM **

The stay issued in this appeal on January 26, 2018, is lifted.

Nam Nhat Ngo 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.

Ngo contends that his armed bank robbery convictions under 18 U.S.C. § 2113(a), (d) do not qualify as a predicate crimes 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, ––– U.S. ––––, 139 S.Ct. 203, ––– L.Ed.2d –––– (2018).

Appellee’s motion for summary affirmance is denied as moot.

AFFIRMED.

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