United States v. Emmett Miguel

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-10030

Plaintiff-Appellee, D.C. Nos. 2:21-cr-00301-SMB-1 v. 2:21-cr-00301-SMB

EMMETT JOHN MIGUEL,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Argued and Submitted July 11, 2024 San Francisco, California

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

Emmett Miguel appeals his convictions for aggravated sexual abuse and

abusive sexual contact. Miguel was accused of raping G.H. during a dance on the

Gila River Indian Community in January 2012. Nine months after the rape, G.H.

gave birth to a child. G.H. first disclosed the rape to her boyfriend, Zachary Justin,

* 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 U.S.…