Brito

NOT FOR PUBLICATION

FILED

UNITED STATES COURT OF APPEALS JUN 10 2025

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 24-1478

Plaintiff - Appellee, D.C. No. 1:23-cr-00079-DKW-

v.

MEMORANDUM*

DANIEL MICHAEL BRITO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Hawaii

Derrick Kahala Watson, District Judge, Presiding

Submitted June 4, 2025** Honolulu, Hawaii

Before: W. FLETCHER, CHRISTEN, and DESAI, Circuit Judges.

Defendant-Appellant Daniel Michael Brito pleaded guilty to one count of

production of child pornography. The district court calculated his Guideline

sentencing range as 324 to 405 months and imposed an above-Guideline sentence

of 480 months. Brito appeals from the sentence, arguing that the district court

impermissibly varied his sentence upward based on the court’s view that his

* 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.…