Albus

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 1 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-5931 D.C. No. Plaintiff - Appellee, 9:24-cr-00018-DWM-1 v.

MEMORANDUM*

GERRY ALEN ALBUS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Submitted April 22, 2025**

Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges.

Gerry Alen Albus appeals from the district court’s judgment and challenges

the 36-month sentence imposed following his guilty-plea conviction for theft of

government money in violation of 18 U.S.C. § 641.1 We have jurisdiction under

* 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 decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 Albus does not challenge his conviction or sentence for Social Security fraud through concealment. 28 U.S.C. § 1291, and we…