United States v. Edward Ellington

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-35544

Plaintiff-Appellee, D.C. Nos. 6:19-cv-00038-BMM 6:17-cr-00010-BMM-1 v.

EDWARD PAUL ELLINGTON, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Submitted July 6, 2022** Portland, Oregon

Before: WATFORD, R. NELSON, and LEE, Circuit Judges.

Edward Paul Ellington appeals from the district court’s order denying his

motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. We

affirm.

1. The district court correctly concluded that Ellington did not establish

* 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). Page 2 of 3

ineffective assistance of his sentencing counsel in failing to…