Rogelio Espinoza v. Shawn Hatton

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROGELIO CUEVAS ESPINOZA, No. 20-56236

Petitioner-Appellant, D.C. No. 3:10-cv-00397-WQH-BGS v.

SHAWN HATTON, Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted April 12, 2022** Pasadena, California

Before: CALLAHAN and VANDYKE, Circuit Judges, and EZRA,*** District Judge.

Rogelio Espinoza filed this habeas petition arguing that trial counsel on his

state conviction for assault and mayhem was ineffective. On remand from the

* 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). *** The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. Ninth Circuit, Espinoza v.…