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NOT FOR PUBLICATION MAR 03 2010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