United States v. Michael Graham

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 26 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10277

Plaintiff-Appellee, D.C. No. 2:16-cr-01300-DLR-1 v.

MICHAEL SEAN GRAHAM, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted February 7, 2024 Phoenix, Arizona

Before: BERZON, HURWITZ, and JOHNSTONE, Circuit Judges.

Michael Graham appeals his conviction and sentence on 15 counts of wire

and mail fraud involving a foreign-currency investment scheme. We affirm.

1. Graham first argues that the district court violated Federal Rule of

Criminal Procedure 11(c)(1) when it rejected a plea agreement containing a 20-

month sentence cap. Because Graham did not raise the alleged Rule 11 violation

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1 before the district court, and because such an objection…