FILED
NOT FOR PUBLICATION JAN 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-56701
Plaintiff - Appellee, D.C. No. 2:03-cr-00227-DDP
v.
MEMORANDUM *
CARY W. MEDILL,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Former federal prisoner Cary W. Medill appeals pro se from the district
court’s order denying his petition for a writ of error coram nobis. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Medill contends that the district court erred by dismissing his coram nobis
petition as untimely. Because Medill has not alleged valid reasons for failing to
attack the conviction earlier, he is not entitled to a writ of coram nobis, and the
district court did not err. See United States v. Kwan, 407 F.3d 1005, 1011 (9th Cir.
2005), abrogated on other grounds by Padilla v. Kentucky, 130 S. Ct 1473 (2010);
see also Maghe v. United States, 710 F.2d 503, 503-04 (9th Cir. 1983) (per curiam)
(entitlement to writ of coram nobis requires a showing of “sound reasons” for
failure to seek relief earlier).
AFFIRMED.
2 09-56701