United States v. Paul Murray

FILED

NOT FOR PUBLICATION

AUG 14 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-30178

Plaintiff-Appellee, D.C. No. 2:18-cr-00053-TOR-

v.

MEMORANDUM*

PAUL AARON MURRAY,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted March 29, 2024 Submission Withdrawn April 2, 2024 Resubmitted August 14, 2024

Seattle, Washington

Before: W. FLETCHER, PARKER,** and MILLER, Circuit Judges. Dissent by Judge MILLER.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Barrington D. Parker, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, sitting by designation. Defendant-Appellant Paul Murray pleaded guilty to possession of child

pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), (b)(2). He appeals his

sentence.

Murray argues that the government explicitly and implicitly breached its

promise…