United States v. Jason Wiley

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 17 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-10146

Plaintiff-Appellee, D.C. No. 2:10-cr-00456-APG-VCF-2 v.

JASON WILEY, MEMORANDUM *

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Andrew P. Gordon, District Judge, Presiding

Submitted October 10, 2023** Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges.

Jason Wiley appeals from the district court’s order denying in part his supplemental motion to vacate under 28 U.S.C. § 2255. We have jurisdiction under 28 U.S.C. § 2253. We review de novo the district court’s denial of a § 2255 motion, see United States v. Manzo, 675 F.3d 1204, 1209 (9th Cir. 2012), and we

* 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).

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affirm.

Wiley contends that his 18 U.S.C. § 924(c) convictions must be vacated because aiding and abetting Hobbs Act robbery does not qualify as a predicate crime of violence after United States v. Taylor, 142 S. Ct. 2015 (2022). This contention is foreclosed. See United States v. Eckford, 77 F.4th 1228, 1236-37 (9th Cir. 2023) (concluding that Taylor does not undermine this court’s authority holding that aiding and abetting Hobbs Act robbery is categorically a crime of violence under the elements clause of § 924(c)).

Wiley’s motion to expand the certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).

AFFIRMED.

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