UNITED STATES of America, Plaintiff-Appellee, v. SUCH SUONG, Defendant-Appellant, 368 F. App'x 844

MEMORANDUM Such Suong appeals from the 140-month sentence imposed following his guilty-plea conviction for possession with intent to distribute a controlled 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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.