U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Ather Ali

United States v. Ather Ali
U.S. Court of Appeals for the Ninth Circuit · Decided September 14, 2012 · Wardlaw, Clifton, Smith
478 F. App'x 465

United States v. Ather Ali

Opinion

MEMORANDUM **

Ather Ali appeals from his 37-month sentence for conspiracy to defraud the United States, in violation of 18 U.S.C. § 371. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Ali contends that he was denied effective assistance of counsel at sentencing. We are precluded from considering the merits of Ali’s claim by a valid appeal waiver in which Ali gave up his right to pursue a direct appeal of his sentence. See United States v. Nunez, 223 F.3d 956, 959 (9th Cir. 2000) (“[0]ne waives his right to argue ineffective assistance of counsel at sentencing on direct appeal when one waives the right to appeal the sentence.”) We dismiss Ali’s appeal of the sentence in light of his valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Ali’s motion to expedite is denied as moot.

DISMISSED.

**

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

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