
    UNITED STATES of America, Plaintiff-Appellee, v. Brent F. WILLIAMS; Guy Andrew Williams, Defendants-Appellants.
    Nos. 16-10375, 16-10423
    United States Court of Appeals, Ninth Circuit.
    Submitted January 16, 2018 
    
    Filed January 19, 2018
    Dominic Lanza, Assistant U.S. Attorney, Kevin Michael Rapp, Esquire, Assistant U.S. Attorney, Peter Scott Sexton, Assistant U.S. Attorney, DOJ-USAO, Phoenix, AZ, for Plaintiff-Appellee
    Brent F. Williams, Pro Se
    Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

In these consolidated appeals, Brent F. Williams and Guy Andrew Williams appeal pro se from the district court’s order denying their motions under Federal Rule of Criminal Procedure 33(b)(1) seeking new trials on their criminal charges for conspiracy, wire fraud, mail fraud, and transactional money laundering.

Appellants raise several claims premised on the assumption that the Department of Justice lacked authority to bring charges against them absent a pre-indictment enforcement action by the Securities and Exchange Commission (“SEC”). Contrary to appellants’ contentions, neither the SEC “nor its staff has the authority or responsibility for instituting, conducting, settling, or otherwise disposing of criminal proceedings. That authority and responsibility are vested in the Attorney General and representatives of the Department of Justice.” 17 C.F.R. § 202.5(f). Therefore, the dis-, trict court did not abuse its discretion by rejecting appellants’ subject matter jurisdiction, Brady, and prosecutorial authority claims. See United States v. Hinkson, 585 F.3d 1247, 1259 (9th Cir. 2009) (en banc).

Nor did the district court err by rejecting appellant’s remaining contentions that the prosecutors lacked authority. The United States Attorneys’ Manual, on which appellants rely, “is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.” United States v. Lorenzo, 995 F.2d 1448, 1453 (9th Cir. 1993) (internal quotations omitted). And, in any event, appellants have not shown that the prosecution of their criminal charges was contrary to any protocols.

We do not consider appellants’ remaining arguments, which they failed to raise in their direct appeals and were not a basis for their motions for new trials. See United States v. Antonakeas, 255 F.3d 714, 721 (9th Cir. 2001) (declining to consider issue raised for the first time on appeal); United States v. Nagra, 147 F.3d 875, 882 (9th Cir. 1998) (declining to consider claims that have could.have been raised in an earlier appeal but were not).

The motion for immediate release pending appeal is denied as moot.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     