United States v. Tyre Mayers ( 2011 )

FILED
NOT FOR PUBLICATION MAR 17 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30190
Plaintiff - Appellee, D.C. No. 2:08-cr-00352-MJP
v.
MEMORANDUM *
TYRE JAMAR MAYERS,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Tyre Jamar Mayers appeals from his sentence imposed following his guilty
plea to two counts of being a felon in possession of a firearm in violation of 18
U.S.C. § 922(g)(1). Mayers contends that the district court erred in determining
that his prior conviction for theft in the first degree, in violation of former Revised
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Code of Washington § 9A.56.030(1)(b), was a "crime of violence" under U.S.S.G. §
2K2.1. As Mayers concedes, this contention is foreclosed by United States v.
Alderman, 601 F.3d 949 (9th Cir. 2010).
AFFIRMED.