USA V. SHAWN MALARKEY, No. 17-35445 (9th Cir. 2019)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION DEC 2 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 17-35445 D.C. Nos. 9:16-cv-00083-DWM 9:11-cr-00045-DWM-1 v. SHAWN PATRICK MALARKEY, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted October 22, 2019** Portland, Oregon Before: FARRIS, BEA, and CHRISTEN, Circuit Judges. 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 * 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). 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. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.