United States v. Arvin Carmen

FILED

NOT FOR PUBLICATION

DEC 24 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-35100

Plaintiff-Appellee, D.C. Nos. 2:21-cv-00203-WFN 2:13-cr-00008-WFN-1 v.

ARVIN TERRILL CARMEN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding

Argued and Submitted December 2, 2024 Seattle, Washington

Before: W. FLETCHER, BERZON, and R. NELSON, Circuit Judges.

Arvin Terrill Carmen (“Carmen”) appeals from the district court’s denial of

his motion to vacate or set aside his conviction for engaging in a continuing

criminal enterprise. We review de novo a denial of a motion under 28 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. § 2255. United States v. Chacon-Palomares, 208 F.3d 1157, 1158 (9th Cir. 2000).

We have jurisdiction under 28 U.S.C. §§ 2253 and 2255(d), and we affirm.

To be guilty of engaging in a…