FILED
NOT FOR PUBLICATION
OCT 24 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30300
Plaintiff-Appellee, D.C. No.
2:01-cr-00062-WFN-1
v.
NICHOLAS PATRICK MATHESON, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
Wm. Fremming Nielsen, District Judge, Presiding
Submitted October 3, 2016**
Seattle, Washington
Before: W. FLETCHER, GOULD, and N.R. SMITH, Circuit Judges.
Nicholas Matheson appeals from the district court’s order denying his
motion to vacate for lack of jurisdiction his 2001 conviction for simple assault in
violation of 18 U.S.C. § 113(a)(5). Because Matheson sought to challenge his
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
conviction more than a dozen years after it had become final, the district court
below did not have jurisdiction to entertain his motion. See Travelers Indem. Co.
v. Bailey, 557 U.S. 137, 154 (2009); Chicot Cty. Drainage Dist. v. Baxter State
Bank, 308 U.S. 371, 376 (1940); Stoll v. Gottlieb, 305 U.S. 165, 172 (1938).
Accordingly, we vacate the district court’s order and remand for dismissal for lack
of jurisdiction.
VACATED and REMANDED.
2