Rivas-Castillo

*586 MEMORANDUM **

Roberto Rivas-Castillo appeals from the 70-month sentence imposed following his jury-trial conviction for attempted illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, United States v. Vo, 413 F.3d 1010 , 1014 n. 1 (9th Cir.2005), and we affirm.

Appellant contends that the district court erroneously denied his motion to dismiss the first superseding indictment because it was filed more than 30 days after the complaint was filed in this case, in violation of 18 U.S.C. § 3161 (b). We reject the Government’s contention that appellant waived this contention because this contention rests solely on delay that occurred prior to making his motion to dismiss the first superseding indictment. See United States v. Hall, 181 F.3d 1057, 1061 (9th Cir.1999) (holding that the waiver provision of 18 U.S.C. § 3162 (a) applies only to periods of delay that occur after the denial of a motion to dismiss). Because we reject the Government’s waiver contention, we need not reach appellant’s claim of ineffective assistance of counsel.

Our review of the record indicates that more than 30 days not…