Careaga

FILED

NOT FOR PUBLICATION

DEC 19 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-767

Plaintiff-Appellee, D.C. No. 2:21-cr-00355-DWL-1 v.

MICK J. CAREAGA, AKA Mick Careaga, MEMORANDUM* Jr.,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Dominic W. Lanza, District Judge, Presiding

Argued and Submitted September 9, 2024 Phoenix, Arizona

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

Defendant-Appellant Mick J. Careaga (“Careaga”) was indicted for his

involvement in the shooting death of his cousin and an ensuing armed altercation with

* 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. their friend. Pertinent here, the jury returned the following verdict: (1) on Count 1 of

the indictment, not guilty of first-degree murder, but guilty of…