USA v. Tyre Mayer, No. 09-30190 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 17 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-30190 D.C. No. 2:08-cr-00352-MJP v. MEMORANDUM * TYRE JAMAR MAYERS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. Tyre Jamar Mayers appeals from his sentence imposed following his guilty plea to two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Mayers contends that the district court erred in determining that his prior conviction for theft in the first degree, in violation of former Revised * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Code of Washington § 9A.56.030(1)(b), was a "crime of violence" under U.S.S.G. § 2K2.1. As Mayers concedes, this contention is foreclosed by United States v. Alderman, 601 F.3d 949 (9th Cir. 2010). AFFIRMED.

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