United States v. Earl Joseph

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 22 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-16967

Plaintiff-Appellee, D.C. Nos. 4:16-cv-07416-CW 4:00-cr-20217-CW-1 v.

EARL JOSEPH, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Claudia Wilken, District Judge, Presiding

Submitted March 16, 2022**

Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

Earl Joseph appeals from the district court’s judgment denying his 28 U.S.C.

§ 2255 motion to vacate, set aside, or correct his sentence. We have jurisdiction

under 28 U.S.C. § 2253. Reviewing de novo, see United States v. Ratigan, 351

F.3d 957, 961 (9th Cir. 2003), we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Joseph contends that aiding and…