United States v. Kennedy

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 29 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2951 D.C. No. Plaintiff - Appellee, 1:23-cr-00061-SPW-1 v.

MEMORANDUM*

DAVID LEE KENNEDY, Jr.,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted May 29, 2025** San Francisco, California

Before: CHRISTEN and NGUYEN, Circuit Judges, and EZRA, District Judge.***

Defendant-Appellant David Lee Kennedy was arrested for attempting to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** On July 16, 2024, the court stayed this matter pending the resolution of United States v. Duarte, No. 22-50048, 2025 WL 1352411 (9th Cir. May 9, 2025). Dkt. # 18. The motion to lift the stay, filed on May 16, 2025, Dkt. # 23, is granted and the stay is lifted. The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).…