United States v. Stephen Burgess

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 26 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 15-30261

Plaintiff-Appellee, D.C. No. 1:14-cr-02022-TOR-1 v.

STEPHEN DUANE BURGESS, MEMORANDUM*

Defendant-Appellant.

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

Argued and Submitted February 9, 2017 Submission Vacated February 22, 2017 Resubmitted August 26, 2022 Seattle, Washington

Before: PAEZ and CALLAHAN, Circuit Judges, and ENGLAND,** District Judge.

Stephen Duane Burgess challenges his convictions for second-degree

murder under 18 U.S.C. § 1111(a) and the use of a firearm in connection with a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Morrison C. England, Jr., United States District Judge for the Eastern District of California, sitting by designation. crime of violence under 18 U.S.C. § 924(c)(1)(A). We have…