United States v. Joel Ausbie

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 16 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 22-15326 Plaintiff - Appellee, D.C. Nos. 2:16-cr-00155-JCM-CWH-1 v. 2:20-cv-01094-JCM

JOEL KENNETH AUSBIE,

Defendant - Appellant. MEMORANDUM*

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Argued and Submitted March 6, 2024 Las Vegas, Nevada

Before: M. SMITH, BENNETT, and COLLINS, Circuit Judges.

Joel Ausbie appeals the district court’s denial of his motion under 28 U.S.C.

§ 2255, which alleged that his counsel in his federal criminal case provided

ineffective assistance. We affirm.

I

Ausbie, Calvin Robinson, and Joseph Strickland were indicted in federal

court for conspiracy to commit arson in violation of 18 U.S.C. § 844(i), (n), and

conspiracy to commit extortion by force or threat of injury in violation of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule…