United States of America v. Mitchum Pastor

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MITCHUM PASTOR,
Defendant-Appellant.
No. 18-10330
D.C. No. 1:18-cr-00058-JMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, Chief Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Mitchum Pastor appeals from the district court’s judgment and challenges
the 168-month sentence imposed following his guilty-plea conviction for bank
robbery and credit union robbery, in violation of 18 U.S.C. § 2113(a). We have
jurisdiction under 28 U.S.C. § 1291, and 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).
FILED
MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-10330
Pastor contends that the district court erred by sentencing him as a career
offender because federal bank robbery, 18 U.S.C. § 2113(a), is not a crime of
violence under U.S.S.G. §§ 4B1.1 and 4B1.2. As Pastor concedes, this contention
is foreclosed. See United States v. Watson, 881 F.3d 782, 786 (9th Cir.), cert.
denied, 139 S. Ct. 203 (2018). Pastor claims that Watson should be reconsidered
but recognizes that this panel has no power to overrule circuit precedent in this
case. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc) (three-
judge panel may depart from circuit precedent only if that precedent is “clearly
irreconcilable” with intervening higher authority).
AFFIRMED.

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