United States of America v. ERIC STEVEN WILCOXSON, AKA Eric Wilcoxson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ERIC STEVEN WILCOXSON, AKA Eric
Wilcoxson,
Defendant-Appellant.
No. 18-35135
D.C. Nos. 3:16-cv-01269-BR
3:10-cr-00487-BR-3
MEMORANDUM*
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).
FILED
OCT 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-35135
§ 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.

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