Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Joe Thaggard, Great Falls, MT, for Plaintiff-Appellee.
Lisa Amille Swanson, Attorney at Law, Helena, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana; Sam E. Haddon, District Judge, Presiding.
Before HALL, KLEINFELD, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Labuff's request for consolidation of this case with his other appeal is now moot because his other appeal has been decided. His ineffective-assistance argument fails because the decision in his appeal of the companion case establishes that the
United States v. LaBuff, 101 Fed.Appx. 678 (9th Cir.2004) (unpublished).
Page 648.
motion to suppress that his attorney in this case failed to make would not have succeeded.
See id. at 680-81. Rule 36-3(b) allows citation of unpublished decisions for such purposes as "law of the case, res judicata, or collateral estoppel," and "for factual purposes, such as to show double jeopardy, sanctionable conduct, notice, entitlement to attorneys' fees, or the existence of a related case."
AFFIRMED.