United States v. Kajon Cox

NOT FOR PUBLICATION FILED

APR 8 2024

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-10143

Plaintiff-Appellee, D.C. No. 2:17-cr-01349-DLR-6 v.

KAJON MONTEL RASHAD COX, AKA MEMORANDUM*

Kajon Cox,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Submitted April 4, 2024** Phoenix, Arizona

Before: CLIFTON, BYBEE, and BADE, Circuit Judges.

Kajon Cox’s sole argument on appeal is prosecutorial vindictiveness. We

have jurisdiction under 28 U.S.C. § 1291, and we assume without deciding that Cox

* 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).

1 did not affirmatively waive his right to raise this argument. The parties contest

whether de novo or plain error review applies, but even affording Cox the benefit of

the more generous de…