Brito

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 22 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-3709 D.C. No. Plaintiff - Appellee, 4:23-cr-02249-RM-MAA-1 v.

MEMORANDUM*

VICTOR SAMUEL BRITO,

Defendant - Appellant.

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

Submitted May 16, 2025** Phoenix, Arizona

Before: RAWLINSON, BUMATAY, and SANCHEZ, Circuit Judges.

Victor Samuel Brito (Brito) appeals his conviction, after a jury trial, for

escape from custody in violation of 18 U.S.C. § 751(a) and 18 U.S.C. § 4082. We

affirm Brito’s conviction.

* 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. Reviewing de novo, we conclude that the district court did not err in

precluding Brito from presenting a necessity defense at trial. See United States v.

Barnes,…