Manney

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-716 D.C. No. Plaintiff - Appellee, 3:21-cr-00019-

HDM-CSD-

v.

GAIL MANNEY,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding

Argued and Submitted May 13, 2024 Phoenix, Arizona

Filed August 19, 2024

Before: Roopali H. Desai and Ana de Alba, Circuit Judges, and Philip S. Gutierrez, District Judge. *

Opinion by Judge de Alba

* The Honorable Philip S. Gutierrez, United States District Judge for the Central District of California, sitting by designation. SUMMARY **

Criminal Law

The panel affirmed Gail Manney’s conviction for violating 18 U.S.C. § 922(a)(6), which makes it a crime for any person in connection with the acquisition or attempted acquisition of any firearm knowingly to make any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale of such firearm. The panel rejected Manney’s argument that § 922(a)(6), as applied to the facts of her case, violates the…