United States of America v. Shawn Patrick Malarkey

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHAWN PATRICK MALARKEY,
Defendant-Appellant.
No. 17-35445
D.C. Nos. 9:16-cv-00083-DWM
9:11-cr-00045-DWM-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted October 22, 2019**
Portland, Oregon
Before: FARRIS, BEA, and CHRISTEN, Circuit Judges.
Shawn Patrick Malarkey appeals the district court’s order denying his
motion to vacate his sentence imposed in connection with Count Two of the
indictment: use of a firearm during a crime of violence under 18 U.S.C.
§ 924(c)(1)(A), where the predicate “crime of violence” is armed robbery
* 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
DEC 2 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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involving controlled substances under 18 U.S.C. § 2118(c)(1). We affirm.
For the reasons set forth in our concurrently filed opinion in United States v.
Burke, No. 17-35446, we hold that armed robbery involving controlled substances
qualifies as a crime of violence under § 924(c)(3)(A).
AFFIRMED.

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