Archuleta

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-399 D.C. No. Plaintiff - Appellee, 3:22-cr-08024-SMB-1 v.

MEMORANDUM*

AVERY CURRY ARCHULETA, AKA

Avery Archuleta,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Submitted April 3, 2024** Phoenix, Arizona

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

Defendant-Appellant Avery Archuleta appeals his conviction, after a jury

trial, of violating 18 U.S.C. §§ 1153, 113(a)(3), and 113(a)(6). Archuleta contends

that the district court plainly erred by failing to specifically instruct the jury that it

* 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). must be unanimous in its determination of whether the government disproved…