Paque

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 UNITED STATES OF AMERICA, Case No. 19-cr-00611-BLF-2 Case No. 23-cv-04652-BLF Plaintiff,

ORDER DENYING CERTIFICATE OF

v. APPEALABILITY; DENYING

DEFENDANT’S APPLICATION TO

OCTAVIO PAQUE, PROCEED ON APPEAL IN FORMA

PAUPERIS; AND DENYING

Defendant. DEFENDANT’S MOTION FOR

APPOINTMENT OF COUNSEL ON

APPEAL

Defendant Octavio Paque pled guilty to, and was convicted of, conspiracy to distribute and possess with intent to distribute cocaine. See Minute Entry, ECF 125. Defendant later filed a motion to vacate his conviction under 28 U.S.C. § 2255 (“§ 2255 Motion”), asserting a single claim of ineffective assistance of counsel (“IAC”) at the plea stage of his criminal proceedings based on his counsel’s alleged failure to advise that a guilty plea would render Defendant’s removal from the United States a virtual certainty. See §…