Magee

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1280 D.C. No. Plaintiff - Appellee, 2:21-cr-00171-GMN-VCF -1 v.

MEMORANDUM*

JAMES EARL MAGEE,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding

Argued and Submitted August 13, 2024 San Francisco, California

Before: GRABER, CALLAHAN, and KOH, Circuit Judges.

James Magee appeals his conviction, following a jury trial, for one count of

theft of government money or property in violation of 18 U.S.C. § 641 and one

count of mail theft by a postal employee in violation of 18 U.S.C. § 1709. We

have jurisdiction under 28 U.S.C § 1291. We affirm in all respects except that we

vacate the standard conditions of supervised release and remand for further

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. proceedings as described in United States v. Montoya, 82 F.4th 640…