Encarnacion Aguilar v. Dwight Neven

FILED NOT FOR PUBLICATION MAR 23 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ENCARNACION AGUILAR, No. 09-17347 Petitioner - Appellant, D.C. No. 2:06-cv-00385-RCJ-LRL v. MEMORANDUM * DWIGHT NEVEN and ATTORNEY GENERAL OF THE STATE OF NEVADA, Respondents - Appellees. Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding Argued and Submitted March 14, 2011 San Francisco, California Before: WALLACE, NOONAN, and CLIFTON, Circuit Judges. Encarnacion Aguilar (“Aguilar”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. He argues that, in violation of the Sixth * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Amendment, he was denied a speedy trial. We affirm, for the reasons stated by the district court. Aguilar also seeks a certificate of appealibality (“COA”) regarding whether his appellate counsel was ineffective in failing to argue the indictment was untimely. We deny the COA, for the reasons stated by the district court. AFFIRMED and DENIED.