UNITED STATES v. ORTIZ (2020)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Jesus ORTIZ, Defendant-Appellant.

No. 18-35203

Decided: February 10, 2020

Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

Suzanne Miles, Kelly A. Zusman, Assistant U.S. Attorneys, DOJ-USAO, Portland, OR, for Plaintiff - Appellee Stephen R. Sady, Elizabeth Gillingham Daily, Attorneys, FPDOR - Federal Public Defender's Office, Portland, OR, for Defendant - Appellant

MEMORANDUM **

Federal prisoner Daniel Jesus Ortiz appeals from the district court's order denying his 28 U.S.C. § 2255 motion to vacate his sentence. We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see United States v. Reves, 774 F.3d 562, 564 (9th Cir. 2014), we affirm.

Ortiz contends that his conviction for assault with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3), is not a crime of violence for purposes of 18 U.S.C. § 924(c). Contrary to Ortiz's assertion, assault with a dangerous weapon under section 113(a)(3) qualifies as a crime of violence under the force clause of section 924(c)(3)(A) because the offense “necessarily entails at least the threatened use of violent physical force.” United States v. Gobert, 943 F.3d 878, 882 (9th Cir. 2019) (internal quotation marks omitted). Accordingly, the district court properly denied relief under section 2255.

AFFIRMED.

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