UNITED STATES v. GRAY (2020)

MEMORANDUM ***

Barry Addison Gray appeals the denial of his 28 U.S.C. § 2255 motion. After conducting a de novo review, we affirm the judgment of the district court, as Gray’s motion is clearly untimely under United States v. Blackstone, 903 F.3d 1020, 1026-28 (9th Cir. 2018). See also United States v. Olsen, 704 F.3d 1172, 1178 (9th Cir. 2013) (standard of review); Dunne v. Henman, 875 F.2d 244, 247 (9th Cir. 1989) (“[W]e can affirm on any basis shown by the record.”) (citation omitted). Blackstone binds this panel, as it is not “clearly irreconcilable” with the Supreme Court’s decision in United States v. Davis, ––– U.S. ––––, 139 S. Ct. 2319, 204 L.Ed.2d 757 (2019). See United States v. Shelby, 939 F.3d 975, 978 (9th Cir. 2019) (“A three-judge panel can only decline to apply prior Circuit precedent ‘clearly irreconcilable’ with a subsequent Supreme Court decision.”) (citation omitted).

AFFIRMED.