Butterfly

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 22 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-5908 D.C. No. Plaintiff - Appellee, 2:23-cr-00110-TOR-1 v.

MEMORANDUM*

MARVIN SAMSON BUTTERFLY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted September 16, 2025 Seattle, Washington

Before: GOULD and DE ALBA, Circuit Judges, and ORRICK, District Judge.**

Marvin Butterfly appeals his convictions for (1) assault of an intimate

partner or dating partner by suffocating and attempting to suffocate in Indian

Country in violation of 18 U.S.C. §§ 113(a)(8), 1153; and (2) attempted witness

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable William Horsley Orrick, United States District Judge for the Northern District of California, sitting by designation. tampering in violation of 18 U.S.C. § 1512(b)(1), (b)(2)(A). He…