United States v. Garcia Rodriguez
Opinion
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 23 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 24-1939 D.C. Nos. Plaintiff - Appellee, 4:19-cr-00614-PJH-1 4:22-cv-06506-PJH v. Northern District of California, Oakland
JOSE DE JESUS GARCIA RODRIGUEZ,
MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of California, Phyllis Hamilton, District Judge, Presiding
Argued and Submitted January 8, 2026 San Francisco, California
Before: NGUYEN and BENNETT, Circuit Judges, and MATSUMOTO, Senior District Judge. **
On October 24, 2022, Garcia Rodriguez moved to vacate his conviction under
28 U.S.C. § 2255, claiming ineffective assistance of counsel (“IAC”) based on trial
counsel’s alleged failure to advise Garcia Rodriguez of the “virtually certain”
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Kiyo A. Matsumoto, United States Senior District Judge for the Eastern District of New…