United States v. Mack Harris

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-35633

Plaintiff-Appellee, D.C. No. 1:13-cr-00098-SPW-1 v.

MACK EDWARD HARRIS, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted July 6, 2022** Portland, Oregon

Before: WATFORD, R. NELSON, and LEE, Circuit Judges.

Mack Edward Harris appeals from the district court’s order dismissing his

motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. We

affirm.

1. The district court correctly concluded that Harris’s claim under Rehaif v.

* 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). Page 2 of 4

United States, 139 S. Ct. 2191 (2019), was procedurally defaulted and that,…