NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. TIMOTHY E. BECKETT, AKA Ian,

Defendant

- Appellant. No. 17

- 36005
D.C. Nos. 3:16

- cv - 00082

- TMB

3:02

- cr - 00007

- SLG

- 2

MEMORANDUM *

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, District Judge, Presiding Submitted December 9, 2021 * * Seattle, Washington
Before: McKEOWN and BADE, Circuit Judges, and FITZWATER, ** * District Judge. Petitioner Timothy Beckett and accomplices were indicted for participating in two completed robberies and one attempted robbery of a motel in Anchorage,

* This disposition is not appropriate for publication and is not precedent except as provid ed 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).

*** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. 

# FILED

JAN 4 2022
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

Alaska. After trial, a jury fou nd Beckett guilty of conspiracy to commit robbery, robbery, and attempted robbery, as well as multiple counts of using a firearm in
furtherance of a crime of violence in violation of 18 U.S.C. § 924(c) and transferring a firearm knowing that the weapon wou ld be used to commit a crime
of violence in violation of 18 U.S.C. § 924(h)

. After the guilty verdict, Beckett entered a sentencing agreement with the government that included a waiver of his rights to collaterally attack his convictions and sentence

. Be ckett was ultimately
sentenced to 420 months’ i mprisonment

. Beckett now collaterally attacks his § 924 convictions , arguing they are unconstitutional by virtue of the Supreme
Court’s decision in United States v. Davis , 139 S. Ct. 2319 (2019)

. A defendant may waive his right to collaterally attack his sentence or
conviction. See United States v. Abarca , 985 F.2d 1012, 1014 (9th Cir. 1993). Such a waiver is enforceable if “(1) the language of the waiver encompasses [the defendant’s] right to ap peal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” United States v. Goodall , — F.4th

— , 2021 WL 6132016 ,
at *5 (9th Cir. 2021) (alteration in original) (internal quotation marks omitted) (discussing the closely related topi c of appeal waivers)

. Beckett’s sentencing agreement contains a broad collateral attack waiver, with only two exceptions: ineffective assistance of counsel and “a challenge to the voluntariness of his guilty plea.” Beckett nowhere argues that his challenge to his3

convictions f

alls outside the waiver provision or within one of its listed exceptions, nor does he argue that the waiver was involuntary. Beckett therefore has waived his right to collaterally attack his convictions. See Abarca , 985 F.2d at 1014

. Beckett argues that his collateral attack waiver is not enforceable in this case
because he attacks his sentence under the “illegal sentence” exception, which allows a petitioner to circumvent a waiver if he argues that his sentence is illegal.
See United States v. Bibler , 495 F.3d 621, 6 2 4 (9th Cir. 2007) (as amended). This argument fails. Because Beckett attacks the purported illegality of his convictions rather than his sentence, his petition does not fall under the illegal sentence exception

. See Go odall , — F .4th

— , 2021 WL 6132016 at * 6

– 8

. We accordingly affirm the district court’s denial of Beckett’s petition as barred by the collateral attack waiver in his sentencing agreement. See id. at *8 ; Abarca , 985
F.2d at 1014

. AFFIRMED
.