Tolle

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 19 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENJAMIN ALLEN TOLLE, No. 24-5862 D.C. No. Petitioner - Appellant, 2:18-cv-01996-YY v.

MEMORANDUM*

TROY BOWSER,

Respondent - Appellee.

Appeal from the United States District Court for the District of Oregon Adrienne C. Nelson, District Judge, Presiding

Argued and Submitted February 5, 2026 Portland, Oregon

Before: BEA, CHRISTEN, and DESAI, Circuit Judges.

Benjamin Tolle (“Tolle”) appeals the district court’s denial of his petition for

a writ of habeas corpus under 28 U.S.C. § 2254. Tolle was prosecuted for burglary,

arson, and murder in Oregon state court. After his first trial, he was found guilty of

burglary, but the jury could not reach a verdict on the other two charges. After a

second trial, he was found guilty of arson and felony murder. In the instant habeas

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. petition, Tolle argues that his trial counsel was…