Malone

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-396 D.C. No. Plaintiff - Appellee, 1:21-cr-00155-DCN-1 v.

MEMORANDUM*

BRETT MICHAEL MALONE,

Defendant - Appellant.

Appeal from the United States District Court for the David C. Nye, District Judge, Presiding

Argued and Submitted June 6, 2024 Portland, Oregon

Before: RAWLINSON, FORREST, and SUNG, Circuit Judges.

Brett Michael Malone was convicted of using interstate commerce to induce

a minor to engage in sexual activity and failing to register as a sex offender,

U.S.C. §§ 2422(b), 2260A, and he was sentenced to 412 months’ incarceration.

Malone appeals numerous rulings made at his trial and sentencing. 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. 404(b) Evidence. Evidence of Malone’s conduct with minors S.T. and C.B.

was probative of his intent to coerce the minor victim in…