Charles Woolsey v. United States

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CHARLES M. WOOLSEY, No. 14-16384 Plaintiff - Appellant, D.C. No. 4:14-cv-01933-RCC v. MEMORANDUM* UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the District of Arizona Raner C. Collins, Chief Judge, Presiding Submitted June 22, 2015** Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges. Charles M. Woolsey 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. We review the denial of a coram nobis petition de novo, see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir. 2007), 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). Woolsey challenges his 1974 guilty-plea conviction for possession with intent to distribute marijuana on the ground that counsel was constitutionally ineffective. Because Woolsey has shown no valid reason for failing to attack his conviction earlier or an error “of the most fundamental character,” he is not entitled to a writ of error coram nobis, and the district court properly denied relief. See id. at 1005-06. AFFIRMED. 2 14-16384