Paque

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 UNITED STATES OF AMERICA, Case No. 19-cr-00611-BLF-

Plaintiff,

ORDER DENYING DEFENDANT

v. PAQUE’S § 2255 MOTION

OCTAVIO PAQUE, [Re: ECF 161] Defendant.

13 Defendant Octavio Paque pled guilty to, and was convicted of, conspiracy to distribute and possess with intent to distribute cocaine. He now moves to vacate the conviction under 28 U.S.C. § 2255, claiming that his counsel provided ineffective assistance by failing to advise him that the plea agreement rendered his removal from the United States a virtual certainty. See § 2255 Mot., ECF 161. The Government has filed an opposition to the motion and Defendant has filed a reply. See Opp., ECF 172; Reply, ECF 177. The Court held an evidentiary hearing on December 3, 2024, at which three witnesses testified: Jesse Ortiz, the attorney who represented Defendant at the plea stage and through sentencing; Brian…