McAnulty

FILED

NOT FOR PUBLICATION

OCT 30 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-738 Plaintiff-Appellee, D.C. No. 3:20-cr-00090-JMK-MMS-

v.

MEMORANDUM*

JASON ACHILLES McANULTY,

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Joshua M. Kindred, Magistrate Judge, Presiding

Argued and Submitted October 22, 2024 San Francisco, California

Before: GILMAN,** WARDLAW, and COLLINS, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36–3. ** The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. A jury convicted Jason Achilles McAnulty of violating 21 U.S.C.

§ 841(a)(1) by distributing heroin. He appeals his conviction on the sole ground

that the district court improperly admitted evidence of his participation in a prior

unrelated robbery. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. As an initial matter, McAnulty waived…