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NOT FOR PUBLICATION MAR 23 2011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.