United States v. James Hitt

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 28 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-10116

Plaintiff-Appellee, D.C. No. 2:15-cr-00117-GEB-1 v.

JAMES JAY HITT, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding

Argued and Submitted February 9, 2022 San Francisco, California

Before: WARDLAW, IKUTA, and BADE, Circuit Judges.

James Jay Hitt appeals his conviction and sentence for receipt and

distribution of child pornography. See 18 U.S.C. § 2252A(a)(2). We have

jurisdiction under 28 U.S.C. § 1291. We affirm.

1. The district court did not abuse its discretion by admitting evidence

under Federal Rule of Evidence 404(b) of Hitt’s prior conviction for lewd and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. lascivious acts with a minor under 14. The Government satisfied the…