United States v. Keith Lott

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 26, 2021
• Docket: 17-55187
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 26 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-55187

Plaintiff-Appellee, D.C. Nos. 3:16-cv-01575-WQH 3:95-cr-00072-WQH-1 v.

KEITH LAMAR LOTT, AKA Kevin MEMORANDUM* Moore,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted January 20, 2021**

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Federal prisoner Keith Lamar Lott appeals from the district court’s judgment

denying his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. We

have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see United States v.

Reves, 774 F.3d 562, 564 (9th Cir. 2014), we affirm.

* 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). Lott challenges his convictions and sentence under 18 U.S.C. §§ 2 and

924(c)(1) for using and carrying a firearm and aiding and abetting the use and

carry of a firearm during the commission of a crime of violence. Lott’s contention

that Hobbs Act robbery, 18 U.S.C. § 1951, is not a crime of violence for purposes

of 18 U.S.C. § 924(c)(3)(A) is foreclosed. See United States v. Dominguez, 954

F.3d 1251, 1260-61 (9th Cir. 2020) (reaffirming that Hobbs Act robbery is a crime

of violence under the elements clause of § 924(c)(3)). Lott asserts that Dominguez

was wrongly decided, but as a three-judge panel, we are bound by the decision.

See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc) (three-judge

panel is bound by circuit precedent unless that precedent is “clearly irreconcilable”

with intervening higher authority).

AFFIRMED.

2 17-55187