U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Such Suong

United States v. Such Suong
U.S. Court of Appeals for the Ninth Circuit · Decided March 3, 2010 · Fernandez, Gould, Smith
368 F. App'x 844

United States v. Such Suong

Opinion

MEMORANDUM **

Such Suong appeals from the 140-month sentence imposed following his guilty-plea conviction for possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Suong contends that he was denied effective assistance of counsel at sentencing when counsel failed to argue a mitigating factor, to produce evidence in support of sentencing arguments, and to seek a continuance to obtain further evidence in support of sentencing arguments. We are precluded from reaching the merits of Suong’s claim by a valid appeal waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000); see also United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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