Kinney

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1051 D.C. No. Plaintiff - Appellee, 1:22-cr-00031-DKW-1 v. MEMORANDUM*

LINDSEY KINNEY, AKA Cowboy,

Defendant - Appellant.

Appeal from the United States District Court for the District of Hawai’i Derrick Kahala Watson, District Judge, Presiding

Argued and Submitted June 10, 2024 Honolulu, Hawai’i

Before: CALLAHAN, HURWITZ, and H.A. THOMAS, Circuit Judges.

Defendant-Appellant Lindsey Kinney appeals his jury conviction and 37-

month sentence on two counts of interstate threats to kill or injure another person

in violation of 18 U.S.C. § 875(c). 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. 1. Kinney challenges the district court’s denial of his motion to suppress

evidence obtained from his cellphone, arguing that the warrant authorizing a…