USA V. TONY NIXON, No. 15-10461 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 17 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 15-10461 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

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