United States of America v. ORVILLE MORRISON, AKA Orville David Morrison

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ORVILLE MORRISON, AKA Orville
David Morrison,
Defendant-Appellant.
No. 18-35931
D.C. Nos. 1:16-cv-00099-SPW
1:04-cr-00126-SPW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Argued and Submitted December 6, 2022
Submission Withdrawn December 12, 2022
Resubmitted February 1, 2024
Seattle, Washington
Before: McKEOWN, CHRISTEN, and MILLER, Circuit Judges.
Orville Morrison appeals from the district court’s order denying his motion
under 28 U.S.C. § 2255. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
FILED
FEB 1 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
In 2004, Morrison shot and killed William Wick. Following a jury trial,
Morrison was convicted of voluntary manslaughter, in violation of 18 U.S.C.
§ 1112(a), and of using a firearm during and in relation to a crime of violence, in
violation of 18 U.S.C. § 924(c). In 2016, Morrison filed a section 2255 motion
seeking relief on the theory that voluntary manslaughter does not constitute a crime
of violence under section 924(c). The district court denied relief, concluding that
the motion was untimely. “We review de novo the district court’s denial of a
§ 2255 motion.” United States v. Fultz, 923 F.3d 1192, 1194 (9th Cir. 2019).
On appeal, the United States expressly waived any argument that Morrison’s
motion was untimely, instead arguing that his claim fails on the merits. After
hearing oral argument, we withdrew submission pending the issuance of the
mandate in United States v. Draper, 84 F.4th 797 (9th Cir. 2023). The mandate has
now issued. In Draper, the court held that voluntary manslaughter under section
1112(a) is a crime of violence under section 924(c). Id. at 807. That holding
resolves this case. Because voluntary manslaughter is a crime of violence, the
district court did not err in denying Morrison’s section 2255 motion.
AFFIRMED.

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