U.S. v. BURKE

No. 17-35446.

943 F.3d 1236 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Scott BURKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 2019.


Attorney(s) appearing for the Case

Anthony R. Gallagher , Federal Defender; David F. Ness , Assistant Federal Defender; Federal Defenders of Montana, Great Falls, Montana; for Defendant-Appellant.

Kurt G. Alme , United States Attorney; Timothy A. Tatarka , Assistant United States Attorney; United States Attorney's Office, Billings, Montana; for Plaintiff-Appellee.

Before: Jerome Farris, Carlos T. Bea, and Morgan Christen, Circuit Judges.


OPINION

The sole question presented by this appeal is whether the offense of armed robbery involving controlled substances described in 18 U.S.C. § 2118(c)(1) is a crime of violence under 18 U.S.C. § 924(c)(3)(A). We hold that it is.

The facts underlying this case are straightforward and not in dispute...

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