United States v. James Damaso

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 19 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-10191

Plaintiff-Appellee, D.C. No. 1:19-cr-00034-FMTG-1 v.

JAMES RUMBAUA DAMASO, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Guam Frances Tydingco-Gatewood, Chief District Judge, Presiding

Argued and Submitted June 12, 2024 Honolulu, Hawai‘i

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

James Rumbaua Damaso appeals his conviction and sentence for possession

of fifty or more grams of methamphetamine hydrochloride with intent to distribute

in violation of 21 U.S.C. § 841(a)(1) and (b)(A)(viii). We assume the parties’

familiarity with the facts and do not restate them here except as necessary. We

have jurisdiction under 28 U.S.C. § 1291. We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1. Damaso first challenges the denial of his motion to…