Gutierrez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 31 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-672 D.C. No. Plaintiff - Appellee, 3:21-cr-00314-JD-1 v.

MEMORANDUM*

DAILYN GUTIERREZ,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted May 15, 2024 San Francisco, California

Before: LEE and BRESS, Circuit Judges, and NAVARRO, District Judge.**

Dailyn Gutierrez appeals his conviction, following a guilty plea, for

possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and

(b)(2). Gutierrez argues that the district court violated the prohibition in Federal

Rule of Criminal Procedure 11(c)(1) on judicial participation in plea discussions.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Gloria M. Navarro, United States District Judge for the District of Nevada, sitting by designation. He asks…