USA V. ERIC WILCOXSON, No. 18-35135 (9th Cir. 2019)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 21 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 18-35135 D.C. Nos. 3:16-cv-01269-BR 3:10-cr-00487-BR-3 v. ERIC STEVEN WILCOXSON, AKA Eric Wilcoxson, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding Submitted October 15, 2019** Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Eric Steven Wilcoxson appeals from the district court’s order denying his 28 U.S.C. § 2255 motion to vacate. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. Wilcoxson contends that his armed bank robbery conviction under 18 U.S.C. * 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). § 2113(a), (d) does not qualify as a predicate crime 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). Wilcoxson next contends that he is entitled to relief under Dean v. United States, 137 S. Ct. 1170 (2017). This contention also fails. Contrary to Wilcoxson’s contention, Dean did not announce a substantive rule that applies retroactively to cases on collateral review. See Garcia v. United States, 923 F.3d 1242, 1245-46 (9th Cir. 2019). The district court correctly concluded that Dean does not satisfy section 2255(f)(3) and that this claim is therefore untimely. See 28 U.S.C. § 2255(f)(1). Appellee’s motion for summary affirmance is denied as moot. AFFIRMED. 2 18-35135

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