United States v. Such Suong

FILED NOT FOR PUBLICATION MAR 03 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-30444 Plaintiff - Appellee, D.C. No. 2:08-cr-00207-MJP v. MEMORANDUM * SUCH SUONG, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding Submitted February 16, 2010 ** Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges. Such Suong appeals from the 140-month sentence imposed following his guilty-plea conviction for possession with intent to distribute a controlled * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). AH/Research 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. AH/Research 08-30444