Labuff

MEMORANDUM **

Labuff s request for consolidation of this case with his other appeal is now moot because his other appeal has been decided. 1 His ineffective-assistance argument fails because the decision in his appeal of the companion case establishes that the *648 motion to suppress that his attorney in this case failed to make would not have succeeded. 2

AFFIRMED.

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.

. United States v. LaBuff, 101 Fed.Appx. 678 (9th Cir.2004) (unpublished).

. 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 Rule 36-3(b) allows citation of unpublished decisions for such purposes as "law of the case, res judicata, or collateral estoppel,” and "for factual purposes, such as to show double jeopardy, sanc-tionable conduct, notice, entitlement to attorneys' fees, or the existence of a related case.”