UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10304 Plaintiff-Appellee, D.C. No. v. 3:18-cr-00101- MMD-WGC-1 DAREN W. PHILLIPS, Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted November 15, 2021 San Francisco, California

Filed April 29, 2022 Before: Richard A. Paez and Michelle T. Friedland, Circuit Judges, and Edward R. Korman, * District Judge.

Opinion by Judge Korman

* The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. 2 UNITED STATES V. PHILLIPS

SUMMARY **

Criminal Law

The panel affirmed a judgment of conviction in a case in which Daren Philli