United States of America v. QUINTON BIRDINGROUND Jr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
QUINTON BIRDINGROUND Jr.,
Defendant-Appellee.
No. 18-35722
D.C. Nos. 1:16-cv-00102-SPW
1:03-cr-00017-SPW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted November 15, 2022**
Before: CANBY, CALLAHAN, and BADE, Circuit Judges.
The United States appeals from the district court’s order granting Quinton
Birdinground Jr.’s 28 U.S.C. § 2255 motion to vacate his conviction and sentence
for discharging a firearm during a crime of violence, in violation of 18 U.S.C.
§ 924(c). We have jurisdiction under 28 U.S.C. § 2253. We review de novo the
* 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
NOV 21 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-35722
district court’s decision to grant a § 2255 motion, see United States v. Navarro,
160 F.3d 1254, 1255 (9th Cir. 1998), and we vacate and remand.
During the pendency of this appeal, this court decided United States v.
Begay, 33 F.4th 1081 (9th Cir.) (en banc), cert. denied, 2022 WL 6573327 (U.S.
Oct. 11, 2022). We agree with the government that Begay requires that we vacate
the district court’s order dated July 3, 2018, and the amended judgment entered on
August 23, 2018, and remand for further proceedings consistent with Begay. See
id. at 1096 (holding that second-degree murder under 18 U.S.C. § 1111(a)
constitutes a “crime of violence” for purposes of § 924(c)(3)).
Birdinground’s motion for summary affirmance is denied.
VACATED and REMANDED.

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