Wathogoma

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1026 D.C. No. Plaintiff - Appellee, 3:22-cr-08029-SPL-1 v.

MEMORANDUM*

DAMIAN ANDREW WATHOGOMA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding

Argued and Submitted September 12, 2024 Phoenix, Arizona

Before: RAWLINSON and COLLINS, Circuit Judges, and FITZWATER, District Judge.**

Damian Wathogoma (Wathogoma) appeals his conviction and sentence for

engaging in sexual contact with A.C., a child under the age of twelve, in violation

of 18 U.S.C. §§ 1153, 2244(a)(5), and 2246(3). We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. U.S.C. § 1291, and we affirm Wathogoma’s conviction, but vacate and remand…