United States v. Nick West

FILED

NOT FOR PUBLICATION

FEB 23 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-35786

Plaintiff-Appellee, D.C. Nos. 9:19-cv-00170-DLC 9:16-cr-00028-DLC-2 v.

NICK WEST, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Submitted February 10, 2022** Seattle, Washington

Before: BYBEE, BEA, and CHRISTEN, Circuit Judges.

Nick West appeals the denial of a motion under 28 U.S.C. § 2255. West

seeks relief from his conviction, arising out of a plea agreement, under the residual

clause of 18 U.S.C. § 924(c)(3)(B), which the Supreme Court held

* 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). unconstitutionally vague in United States v. Davis, 139 S. Ct. 2319, 2323–

(2019). West did not raise…