Arriaga
Arriaga v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
UNITED STATES OF AMERICA,
Case No. 5:13-cr-00510-EJD-1 Plaintiff, Case No. 20-cv-5392 - EJD v. ORDER DENYING 2255 MOTION
EDUARDO ARRIAGA,
Re: Dkt. Nos. 150, 161 Defendant.
Defendant Eduardo Arriaga (“Arriaga”) filed a timely motion pursuant to 28 U.S.C. § 2255 challenging his conviction and sentence. Dkt. No. 150, 161. On February 16, 2021, the government filed an opposition, accompanied by the declaration of one of Arriaga’s trial counsel. Dkt. No. 166. On April 19, 2021, Arriaga filed a response. Arriaga argues his conviction should be reversed or his sentence reduced under USSG 5G1.3 because of ineffective assistance of counsel during trial, sentencing, and on appeal. In the alternative, Arriaga requests an evidentiary hearing. Having considered the record in this case and the parties’ briefs, the Court concludes…