Paque

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 UNITED STATES OF AMERICA, Case No. 19-cr-00611-BLF-2 Case No. 23-cv-04652-BLF 9 Plaintiff,

ORDER DENYING CERTIFICATE OF

10 v. APPEALABILITY; DENYING

DEFENDANT’S APPLICATION TO

11 OCTAVIO PAQUE, PROCEED ON APPEAL IN FORMA

PAUPERIS; AND DENYING

12 Defendant. DEFENDANT’S MOTION FOR

APPOINTMENT OF COUNSEL ON

13 APPEAL

14

15 Defendant Octavio Paque pled guilty to, and was convicted of, conspiracy to distribute and 16 possess with intent to distribute cocaine. See Minute Entry, ECF 125.1 Defendant later filed a 17 motion to vacate his conviction under 28 U.S.C. § 2255 (“§ 2255 Motion”), asserting a single 18 claim of ineffective assistance of counsel (“IAC”) at the plea stage of his criminal proceedings 19 based on his counsel’s alleged failure to advise that a guilty plea would render Defendant’s 20 removal from the United States a virtual certainty. See §…