United States v. Ather Ali , 478 F. App'x 465 ( 2012 )

FILED
NOT FOR PUBLICATION SEP 14 2012
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. 11-50008
Plaintiff - Appellee, D.C. No. 5:08-cr-00242-RHW-2
v.
MEMORANDUM *
ATHER ALI,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Robert H. Whaley, Senior District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
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.
*
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).
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) (“[O]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.
2 11-50008