United States v. Tyronne Pollard, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-15958 Plaintiff-Appellee, D.C. Nos. v. 4:20-cv-01136-JSW 4:17-cr-00613-JSW-

TYRONNE POLLARD, JR.,

Defendant-Appellant. ORDER AND

OPINION

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted April 16, 2021 San Francisco, California

Filed December 21, 2021

Before: Ryan D. Nelson and Danielle J. Forrest, * Circuit Judges, and Janis Graham Jack, ** District Judge.

* Formerly known as Danielle J. Hunsaker. ** The Honorable Janis Graham Jack, United States District Judge for the Southern District of Texas, sitting by designation. Order; Opinion by Judge R. Nelson; Concurrence by Judge R. Nelson; Concurrence by Judge Forrest

SUMMARY ***

28 U.S.C. § 2255

The panel (1) withdrew an opinion filed August 27, 2021; (2) filed a replacement opinion affirming the prejudice portion of the district court's order denying a 28 U.S.C. § 2255 motion in which Tyrone Pollard, Jr. challenged his…