UNITED STATES v. JACKSON (2019)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Quinton Omar JACKSON, Defendant-Appellant.

No. 17-56149

Decided: August 14, 2019

Before: GOULD and NGUYEN, Circuit Judges, and MARBLEY,* District Judge.

Fred Sheppard, Assistant U.S. Attorney, W. Mark Conover, I, Esquire, Assistant U.S. Attorney, Helen H. Hong, Assistant U.S. Attorney, Michael Emerson Lasater, Esquire, U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee Kara Hartzler, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant

MEMORANDUM **

Defendant Quinton Omar Jackson appeals the denial of his 28 U.S.C. § 2255 motion challenging his sentence on one count of using or carrying a firearm during a crime of violence under 18 U.S.C. § 924(c). We have jurisdiction under 28 U.S.C. § 2253. Reviewing the denial of a § 2255 motion de novo, United States v. Reves, 774 F.3d 562, 564 (9th Cir. 2014), we affirm. Even assuming that Jackson’s appeal is not barred by the appellate waiver in his plea agreement, his argument that his underlying conviction for robbery under 18 U.S.C. § 2111 is not a crime of violence is foreclosed by our precedent. See United States v. Fultz, 923 F.3d 1192, 1197 (9th Cir. 2019) (“Robbery in violation of 18 U.S.C. § 2111 is a ‘crime of violence’ under the elements clause of § 924(c)(3)(A).”).

AFFIRMED.

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