Kittson

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 10 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-4132 D.C. No. Plaintiff - Appellee, 3:21-cr-00075-IM-1 v.

MEMORANDUM*

DANIEL MATTHEW KITTSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Argued and Submitted June 12, 2025 Portland, Oregon

Before: SCHROEDER, OWENS, and VANDYKE, Circuit Judges.

Daniel Matthew Kittson appeals from his conviction for possessing or

transferring a machinegun in violation of 18 U.S.C. § 922(o). He raises jury

instruction and sentencing challenges.1 As the parties are familiar with the facts,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 Kittson also challenges his conviction under 18 U.S.C. § 922(o), arguing that (1) § 922(o)(2)(A) exempts his transfer of a machinegun to an undercover agent and (2) § 922(o) is unconstitutional. We address these arguments in a concurrently…