NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-16850
Plaintiff-Appellee, D.C. No. 2:06-cr-00283-JAM
v.
JOHN MARVIN BALLARD, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
John Marvin Ballard appeals pro se from the district court’s judgment
dismissing his petition for a writ of error coram nobis. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Ballard’s petition argued that his conviction for scheming to conceal a
*
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).
material fact, in violation of 18 U.S.C. § 1001(a)(1), was invalid because his
statements to his probation officer, though incomplete and evasive, were
technically truthful. The district court denied Ballard’s petition on the basis that he
had not shown valid reasons for failing to challenge his 2006 conviction earlier.
Reviewing de novo, see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir.
2007), we agree with the district court that Ballard is not entitled to coram nobis
relief. The record shows that Ballard knew as early as 2006 that he could attack
his conviction on the ground that his statements were technically true, and,
contrary to his claim, United States v. Aquino, 794 F.3d 1033 (9th Cir. 2015), did
not create new law regarding that issue. Nor does Ballard’s claim of actual
innocence explain his delay. Under these circumstances, the district court properly
denied the petition, see Riedl, 496 F.3d at 1006, and did not abuse its discretion in
denying Ballard’s request for counsel, see United States v. Wells, 879 F.3d 900,
911 (9th Cir. 2018).
To the extent Ballard is asking for release from civil commitment, he must
seek relief in the Eastern District of North Carolina.
AFFIRMED.
2 17-16850