United States v. Roshon Thomas ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 25 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-35359
Plaintiff-Appellee, D.C. No. 2:03-cr-00129-RMP-1
v.
ROSHON E. THOMAS, AKA Rollin Roy
Phillips, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, District Judge, Presiding
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Roshon E. Thomas 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 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 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).
Thomas contends that his 2004 conviction for possession with intent to
distribute cocaine must be vacated because he received ineffective assistance of
counsel in connection with a suppression motion. We agree with the district court
that this claim, which Thomas raised unsuccessfully in two prior 28 U.S.C. § 2255motions, does not warrant the “highly unusual remedy” of coram nobis relief. See
Riedl, 496 F.3d at 1005-06 (listing requirements for coram nobis relief).
Thomas’s motion to supplement and correct his reply brief is granted. The
Clerk will file the supplemental reply brief received at Docket Entry No. 19.
AFFIRMED.
2 21-35359