United States v. Jesse McKay

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

FEB 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 20-30239

Plaintiff-Appellee, D.C. Nos. 2:19-cr-00145-RHW-1 v. 2:19-cr-00145-RHW

JESSE MCKAY,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Robert H. Whaley, District Judge, Presiding

Submitted February 10, 2022** Seattle, Washington

Before: BYBEE, BEA, and CHRISTEN, Circuit Judges.

Jesse McKay appeals the sentence imposed following his guilty plea to

assault resulting in serious bodily injury in Indian Country in violation of

U.S.C. §§ 113(a)(6) and 1153. McKay argues the district court erred by departing

* 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). upward pursuant to U.S.S.G. § 5K2.21 because the court’s factual finding that

McKay sexually abused…