United States v. Schilmiller

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 20, 2025
• Docket: 24-5383
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 20 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-5383 D.C. No. Plaintiff - Appellee, 3:19-cr-00058-RRB-MMS-1 v. MEMORANDUM* DARIN SCHILMILLER, AKA Babe, AKA Tyler,

Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, District Judge, Presiding

Submitted October 15, 2025**

Before: FRIEDLAND, MILLER, and SANCHEZ, Circuit Judges.

Darin Schilmiller appeals from the district court’s judgment and challenges

the 360-month sentence imposed following his guilty-plea conviction for

conspiracy to produce child pornography in violation of 18 U.S.C. § 2251(a), (e).

* 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). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Schilmiller contends that his above-Guidelines, statutory maximum sentence

is substantively unreasonable. We do not reach the merits of this claim because, as

the government argues, Schilmiller waived his right to appeal this issue. As part of

his plea agreement, Schilmiller waived “the right to appeal any sentence imposed

pursuant to th[e] agreement,” as long as it did not exceed the statutory maximum.

The record reflects that Schilmiller’s waiver was knowing and voluntary, and

Schilmiller does not contend otherwise. We therefore dismiss this appeal. See

United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011) (knowing and

voluntary appeal waiver whose language encompasses the right to appeal on the

grounds raised is enforceable).

DISMISSED.

2 24-5383