United States of America v. Jason Wiley

OSA134
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JASON WILEY,
Defendant-Appellant.
No. 22-10146
D.C. No.
2:10-cr-00456-APG-VCF-2
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Submitted October 10, 2023 **
Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges.
Jason Wiley appeals from the district court’s order denying in part his
supplemental motion to vacate under 28 U.S.C. § 2255. We have jurisdiction
under 28 U.S.C. § 2253. We review de novo the district court’s denial of a § 2255
motion, see United States v. Manzo, 675 F.3d 1204, 1209 (9th Cir. 2012), and we
* 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 17 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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OSA134 2 22-10146
affirm.
Wiley contends that his 18 U.S.C. § 924(c) convictions must be vacated
because aiding and abetting Hobbs Act robbery does not qualify as a predicate
crime of violence after United States v. Taylor, 142 S. Ct. 2015 (2022). This
contention is foreclosed. See United States v. Eckford, 77 F.4th 1228, 1236-37
(9th Cir. 2023) (concluding that Taylor does not undermine this court’s authority
holding that aiding and abetting Hobbs Act robbery is categorically a crime of
violence under the elements clause of § 924(c)).
Wiley’s motion to expand the certificate of appealability is denied. See 28
U.S.C. § 2253(c)(2); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).
AFFIRMED.

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