United States v. Gilbert Jose

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 17 2025

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 22-10005 Plaintiff-Appellant, D.C. No. 4:19-cr-02313-CKJ-MSA-1 v.

MEMORANDUM*

GILBERT MARTINEZ JOSE,

Defendant-Appellee,

UNITED STATES OF AMERICA, No. 22-10183 Plaintiff-Appellee, D.C. No. 4:19-cr-02313-CKJ-MSA-1 v.

GILBERT MARTINEZ JOSE,

Defendant-Appellant,

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Argued and Submitted September 9, 2024 Phoenix, Arizona

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

* 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. After a jury trial, Defendant Gilbert Jose was convicted of four counts:

(1) voluntary manslaughter, 18 U.S.C. § 1112; (2)…