UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 16-50061 Plaintiff-Appellee, D.C. No. v. 2:12-cr-00722-TJH-3

DARYLE LAMONT SELLERS, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Terry J. Hatter, Senior District Judge, Presiding

Argued and Submitted March 8, 2018 Pasadena, California

Filed October 15, 2018

Before: Susan P. Graber * and Jacqueline H. Nguyen, Circuit Judges, and Michael H. Simon, ** District Judge.

* Judge Graber was drawn by lot to replace Judge Reinhardt. Ninth Circuit General Order 3.2.h. She has read the briefs, reviewed the record, and listened to the tape of oral argument held on March 8, 2018. ** The Honorable Michael H. Simon, United States District Judge for the District of Oregon, sitting by designation. 2 UNITED STATES V. SELLERS

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