Byron Barton v. United States , 383 F. App'x 616 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 10 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BYRON LEE BARTON, No. 08-35447
Petitioner - Appellant, D.C. No. 2:08-cv-00186-TSZ
v.
UNITED STATES OF AMERICA, MEMORANDUM *
Respondent - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Former federal prisoner Byron Lee Barton appeals from the district court’s
order denying his motion to file a 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).
Barton contends that the district court erred in dismissing his coram nobis
petition as untimely. Contrary to Barton’s contention, he is not entitled to relief
because he failed to demonstrate that valid reasons existed for filing his coram
nobis petition some 30 years after he was convicted, and 14 years after the
Supreme Court decided Staples v. United States, 511 U.S. 600 (1994), the case he
contends entitled him to relief. See United States v. Riedl, 496 F.3d 1003, 1006-08
(9th Cir. 2007); see also Maghe v. United States, 710 F.2d 503, 503-04 (9th Cir.
1983) (denying a coram nobis petition as untimely where the claim could have
been raised earlier and there were no sound reasons for the delay).
AFFIRMED.
2 08-35447