concurring in part and dissenting in part:
I concur in part and dissent in part.
With respect to the claim of ineffective assistance of counsel, I would follow our general rule, which is not to decide such a claim on direct review. United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir.2011). Rodriguez could bring this claim through a petition for a writ of error co-ram nobis. Holloway v. United States, 393 F.2d 731, 732 (9th Cir.1968). In my view, it is not entirely clear, without the presentation of additional evidence, that counsel’s performance could not have been deficient.
In all other respects, I concur fully.