UNITED STATES v. PASTOR (2019)

MEMORANDUM **

Mitchum Pastor appeals from the district court’s judgment and challenges the 168-month sentence imposed following his guilty-plea conviction for bank robbery and credit union robbery, in violation of 18 U.S.C. § 2113(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Pastor contends that the district court erred by sentencing him as a career offender because federal bank robbery, 18 U.S.C. § 2113(a), is not a crime of violence under U.S.S.G. §§ 4B1.1 and 4B1.2. As Pastor concedes, this contention is foreclosed. See United States v. Watson, 881 F.3d 782, 786 (9th Cir.), cert. denied, ––– U.S. ––––, 139 S.Ct. 203, 202 L.Ed.2d 139 (2018). Pastor claims that Watson should be reconsidered but recognizes that this panel has no power to overrule circuit precedent in this case. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc) (three-judge panel may depart from circuit precedent only if that precedent is “clearly irreconcilable” with intervening higher authority).

AFFIRMED.