UNITED STATES v. FITE (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Gary Casdell FITE, Defendant-Appellant.

No. 17-16937

Decided: December 05, 2018

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

Kirstin Ault, Assistant U.S. Attorney, Merry Jean Chan, Assistant U.S. Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee Heather M. Angove, FPDCA - Federal Public Defenders Office, Northern District of California, San Jose, CA, for Defendant-Appellant

MEMORANDUM **

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.

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, ––– U.S. ––––, 139 S.Ct. 203, ––– L.Ed.2d –––– (2018).

AFFIRMED.

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