Cox

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 23-2713

UNITED STATES OF AMERICA,

D.C. No. Plaintiff - Appellee, 3:11-cr-00022-RJB-1 v.

MEMORANDUM*

FRANCIS SCHAEFFER COX,

Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska Robert J. Bryan, District Judge, Presiding

Argued and Submitted November 20, 2024 Seattle, Washington

Before: McKEOWN, GOULD, and H.A. THOMAS, Circuit Judges.

Francis Schaeffer Cox seeks review of a district court judgment denying his

petition for a writ of habeas corpus. The district court certified for appeal the

questions of whether Cox required a new trial on his conspiracy to murder conviction

because one basis for conviction became legally unavailable when we vacated Cox’s

solicitation to murder conviction on direct appeal, and whether Cox received

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. §§ 1291…