United States v. Maxwell Gaffney

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 20 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50037

Plaintiff-Appellee, D.C. No. 3:17-cr-03330-MMA-1 v.

MAXWELL JOSEPH GAFFNEY, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Argued and Submitted October 5, 2021 Pasadena, California

Before: GRABER and CHRISTEN, Circuit Judges, and SEEBORG,** District Judge.

Maxwell Gaffney appeals his conviction for distribution of heroin resulting

in death in violation of 21 U.S.C. § 841(b)(1)(C). We have jurisdiction under

U.S.C. § 1291. We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard Seeborg, Chief United States District Judge for the Northern District of California, sitting by designation. 1. The district court did not err in declining to instruct the jury that

proximate cause…