Pineda

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 28 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3692 D.C. No. Plaintiff - Appellee, 3:22-cr-00016-MMD-CSD-1 v.

MEMORANDUM*

JAMES MATTORANO PINEDA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Argued and Submitted February 7, 2025 Phoenix, Arizona

Before: HAWKINS, CLIFTON, and BADE, Circuit Judges.

Appellant James Pineda (“Pineda”) appeals his sentence following a final

judgment of conviction in a criminal case. He contends the district court erred in

determining that his prior Nevada conviction for second-degree murder qualified as

a “crime of violence” for purposes of calculating his base offense level under the

United States Sentencing Guidelines (“U.S.S.G.”). He also contends the court’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. special supervision condition regarding gambling addiction…