Burke

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 12 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-482 D.C. No. Plaintiff - Appellee, 4:21-cr-00062-BMM-1 v.

MEMORANDUM*

MICHAEL JAMES BURKE,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Argued and Submitted March 28, 2024 Seattle, Washington

Before: WARDLAW, PARKER **, and MILLER, Circuit Judges.

Michael James Burke appeals from his convictions on two counts of

aggravated sexual abuse of a child, in violation of 18 U.S.C. §§ 1153(a) and

2241(c), and one count of abusive sexual conduct, in violation of 18 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Barrington D. Parker, United States Circuit Judge for the Court of Appeals, 2nd Circuit, sitting by designation. §§ 1153(a) and 2244(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we

affirm.

We review the district court’s…