United States v. Antonio Givens

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-16663

Plaintiff-Appellee, D.C. Nos. 2:16-cv-01428-LRH v. 2:03-cr-00350-LRH-PAL-

ANTONIO GIVENS,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Submitted August 17, 2021**

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

The stay of proceedings, entered on October 4, 2018, is lifted.

Antonio Givens appeals from the district court’s order denying his 28 U.S.C.

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

Reviewing de novo, see United States v. Fultz, 923 F.3d 1192, 1194 (9th Cir.

* 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). 2019), we…