United States v. Jess A. Rodrigues

Good Law
2003 Daily Journal DAR 11773·347 F.3d 818·2003 WL 22429014·2003 Cal. Daily Op. Serv. 9341·2003 U.S. App. LEXIS 21854
United States Court of Appeals for the Ninth CircuitOctober 27, 200302-17311California4,689 words

Opinion

Opinion

Hall, J.

Jess Rodrigues appeals the district court’s dismissal of his 28 U.S.C. § 2255 federal habeas petition. Rodrigues argues that the district court erred by denying his request for an evidentiary hearing to examine alleged conflicts of interest on the part of defense counsel. The panel has jurisdiction pursuant to 28 U.S.C. § 1291 . Because Rodrigues has alleged no specific facts that, if true, would entitle him to relief under the actual conflict standard articulated in Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980), we AFFIRM.

Facts

A. Background

Rodrigues owned and operated Saratoga Savings and Loan Association (“Saratoga”) from 1982 to 1989. While under Rodri-gues’s control, Saratoga entered into several loan agreements with Richard Cristina, Murray Hall, Ronald Tate, and David Lazares to finance real estate ventures in San Francisco, San Jose, and Marina, California. In return for securing favorable loan terms for these applicants, Rodrigues received a personal stake in the underlying real estate ventures.

In November 1989, the Resolution Trust Corporation (RTC) seized Saratoga and placed it under conservatorship. On May 24, 1990, the RTC was…

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