NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 5 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 16-56388

Plaintiff-Appellee, D.C. Nos. 3:16-cv-01269-WQH 3:10-cr-02792-WQH v.

TAMIM ABDUL-SAMAD, a.k.a. Tamin MEMORANDUM* Abdul-Samad, a.k.a. Brandon Harris,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted November 27, 2018**

Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

The stay issued in this appeal on January 26, 2018, is lifted.

Tamim Abdul-Samad appeals from the district court’s judgment denying his

28 U.S.C. § 2255 motion to vacate. We have jurisdiction under 28 U.S.C. § 2253,

and we affirm.

* 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). Abdul-Samad contends that his armed bank robbery conviction under 18

U.S.C. § 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).

Appellee’s motion for summary affirmance is denied as moot.

AFFIRMED.

2 16-56388