United States v. Arthur Blacksher, Jr.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 5 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-15190 Plaintiff-Appellee, D.C. Nos. 4:16-cv-03392-JSW 4:04-cr-00030-JSW v. ARTHUR EDWARD BLACKSHER, Jr., MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges. Arthur Edward Blacksher, Jr., 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). Blacksher contends that his armed bank robbery conviction under 18 U.S.C. § 2113(a), (d) does not qualify as a predicate crime of violence under U.S.S.G. § 4B1.1. This argument is foreclosed. See United States v. Watson, 881 F.3d 782 (9th Cir.), cert. denied, 139 S. Ct. 203 (2018). Compare 18 U.S.C. § 924(c)(3)(A) with U.S.S.G. § 4B1.2(a)(1). AFFIRMED. 2 18-15190