United States v. Tony Nixon ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10461
Plaintiff-Appellee, D.C. No. 4:14-cr-00668-DCB-LAB
v.
MEMORANDUM*
TONY NIXON,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Tony Nixon appeals his bench-trial conviction and 18-month sentence for
one count of conspiracy to transport illegal aliens for the purpose of financial gain,
in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I), (a)(1)(A)(ii), and (a)(1)(B)(i), and
two counts of transportation of illegal aliens for profit, in violation of 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1324(a)(1)(A)(ii) and (a)(1)(B)(i). We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
Nixon contends that he received ineffective assistance of counsel at trial. He
has not shown that his counsel was constitutionally ineffective. See Strickland v.
Washington, 466 U.S. 668, 694 (1984) (to establish that counsel was
constitutionally ineffective, defendant must show that counsel performed
deficiently and that “there is a reasonable probability that, but for counsel’s
unprofessional errors, the result of the proceeding would have been different”).
AFFIRMED.
2 15-10461