No. 22-3452 ___________________________

Thomas Joseph Brewer,

lllllllllllllllllllllPlaintiff - Appellant,

v.

United States of America,

lllllllllllllllllllllRespondent - Appellee. ____________

Appeal from United States District Court for the District of South Dakota - Western ____________

Submitted: October 17, 2023 Filed: January 10, 2024 ____________ Before SMITH, Chief Judge, LOKEN and COLLOTON, Circuit Judges. ____________ COLLOTON, Circuit Judge.

Thomas Brewer appeals the denial of his motion to vacate sentence under 28 U.S.C. § 2255. Brewer disputes the lawfulness of his 10-year prison sentence for discharging a firearm during and in relation to a crime of violence. See 18 U.S.C. § 924(c)(1)(A)(iii). Brewer shot and killed a man during a