United States v. Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 27 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-5276 D.C. No. Plaintiff - Appellee, 5:20-cr-00120-JGB-1 v.

MEMORANDUM*

PAUL HORTON SMITH Sr.,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Submitted January 22, 2026**

Before: WARDLAW, CLIFTON, and R. NELSON, Circuit Judges.

Paul Horton Smith, Sr. appeals from the district court’s judgment and

challenges the 188-month sentence imposed following his guilty-plea conviction

for wire fraud in violation of 18 U.S.C. § 1343. We have jurisdiction under

U.S.C. § 1291, and we affirm.

* 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. See Fed. R. App. P. 34(a)(2). Smith first claims the district court erred by failing to continue the

sentencing hearing to…