UNITED STATES v. MALARKEY (2019)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Patrick MALARKEY, Defendant-Appellant.

No. 17-35445

Decided: December 02, 2019

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

Tara Elliott, USMI - Office of the U.S. Attorney, Missoula, MT, Leif Johnson, Assistant U.S. Attorney, Tim Tatarka, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff-Appellee David F. Ness, Assistant Federal Public Defender, FDMT - Federal Defenders of Montana, Great Falls, MT, for Defendant-Appellant

MEMORANDUM **

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 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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