MEMORANDUM**

Humberto Magana Arias appeals his jury trial conviction and 240-month sentence for conspiracy (21 U.S.C. § 846); methamphetamine distribution (21 U.S.C. § 841(a)(i)) and unlawful use of a communication facility (21 U.S.C. § 843(b)). Arias also pled guilty to unlawful reentry in violation of 8 U.S.C. § 1326.

On appeal, Arias challenges only the district court’s denial of his post-trial motion to dismiss, contending that he was denied his right to a speedy trial as required by the Speedy Trial Act, 18 U.S.C. § 3161(c)(1). Arias has waived the right to appeal this issue because a defendant’s failure to move for dismissal prior to trial or entry of a plea of guilty constitutes a waiver of the right to dismissal. 18 U.S.C. § 3162(a)(2). The Act provides for no exception to the waiver of the right to dismissal for failure to make a timely motion. United States v. Brickey, 289 F.3d 1144, 1150 (9th Cir. 2002).

AFFIRMED.