United States v. Tony Jackson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-35592 Plaintiff-Appellee, D.C. Nos. v. 3:18-cv-05657-

BHS

TONY J. JACKSON, 3:14-cr-05242- Defendant-Appellant. RJB-

OPINION

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted October 8, 2021 Seattle, Washington

Filed January 3, 2022

Before: Richard A. Paez, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges.

Opinion by Judge Nguyen SUMMARY *

28 U.S.C. § 2255

The panel affirmed in part and reversed in part the district court’s order denying Tony Junior Jackson’s 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence imposed following his plea, pursuant to a written plea agreement, of guilty to one count of conspiracy to engage in sex trafficking.

The panel held that Jackson’s notice of appeal was valid and timely because his two requests for a certificate of appealability, received before the deadline set forth in Federal Rule of Appellate Procedure…