Riggs

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-566 D.C. No. Plaintiff - Appellee, 3:19-cr-08091-MTL-1 v.

MEMORANDUM*

BRIAN RIGGS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted July 11, 2024 San Francisco, California

Before: HIGGINSON, MENDOZA, and DESAI, Circuit Judges.**

Brian Riggs was charged for the killing of his roommate and boyfriend,

Gary Martinez. Following a seven-day trial, the jury returned a guilty verdict for

second-degree murder, in violation of 18 U.S.C. §§ 1153 and 1111. Riggs appeals

his conviction, arguing that the district court erred by admitting Martinez’s out-of-

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Stephen A. Higginson, United States Circuit Judge for the Court of Appeals for the Fifth Circuit, sitting by designation. court…