United States v. Jeffrey McHatton

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-10329

Plaintiff-Appellee, D.C. Nos. 4:18-cr-02220-RM-EJM-2 v. 4:18-cr-02220-RM-EJM

JEFFREY D. MCHATTON,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Rosemary Márquez, District Judge, Presiding

Submitted December 2, 2024** San Francisco, California

Before: M. SMITH, MILLER, and BUMATAY, Circuit Judges.

Jeffrey McHatton appeals from his conviction on ten counts of securities fraud

under 15 U.S.C. § 78j(b); 15 U.S.C. § 78ff; and 17 C.F.R. § 240.10b-5 after a jury

trial. He claims that the district court committed plain error by misstating the law in

giving the jury an instruction on securities fraud. And he argues it abused its

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for…