USA V. NAM NGO, No. 17-55169 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION DEC 5 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 17-55169 D.C. Nos. 3:16-cv-01555-GPC 3:97-cr-03397-GPC v. MEMORANDUM* NAM NHAT NGO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges. The stay issued in this appeal on January 26, 2018, is lifted. Nam Nhat Ngo appeals from the district court’s judgment denying his 28 U.S.C. § 2255 motion to vacate. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Ngo contends that his armed bank robbery convictions under 18 U.S.C. § 2113(a), (d) do not qualify as a predicate crimes of violence under 18 U.S.C. § 924(c). This argument is foreclosed. See United States v. Watson, 881 F.3d 782 (9th Cir.), cert. denied, 139 S. Ct. 203 (2018). Appellee’s motion for summary affirmance is denied as moot. AFFIRMED. 2 17-55169

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