Burciaga

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 14 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2663 D.C. No. Plaintiff - Appellee, 3:20-cr-00060-MMD-CLB-1 v.

MEMORANDUM*

MICHAEL BURCIAGA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Argued and Submitted June 4, 2025 San Francisco, California

Before: CALLAHAN, BADE, and KOH, Circuit Judges.

Following the killing of Amanda Davis (“Davis”) and her unborn child, a

jury convicted Michael Joshua Burciaga (“Burciaga”) of first-degree murder within

Indian Country (18 U.S.C. §§ 1111, 1151, 1152), causing the death of an unborn

child within Indian Country (18 U.S.C. §§ 1841(a)(1), 1111, 1151, 1152), and

domestic assault by a habitual offender within Indian Country (18 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. § 117(a)(1)). Burciaga appeals his conviction and sentence. We presume the

parties’…