Unpublished Disposition, 889 F.2d 1096 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1096 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.James F. BARNARD, Defendant-Appellant.

No. 88-4359.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 22, 1989.^* Decided Nov. 21, 1989.

Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.

MEMORANDUM^**

The district court found that defendant voluntarily waived his right to appeal. This finding is not clearly erroneous. Fed. R. Civ. P. 52(a). Therefore, his attorney's decision not to appeal did not constitute ineffective assistance under Strickland v. Washington, 466 U.S. 668, 697 (1984).

Defendant also argues that his attorney was ineffective in failing to inform him adequately of his right to appeal. However, defendant did not raise this issue in the district court, and we decline to consider it for the first time on appeal.

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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