United States v. Eugene Rutledge

FILED
NOT FOR PUBLICATION SEP 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-16810 & 08-16812
Plaintiff - Appellee, D.C. Nos. 4:99-cr-40033-CAW
4:03-cr-40116-CAW
v.
MEMORANDUM *
EUGENE DARREL RUTLEDGE,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Claudia A. Wilken, District Judge, Presiding
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
In these consolidated appeals, former federal prisoner Eugene Darrell
Rutledge 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, 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).
Rutledge seeks to vacate two prior federal convictions, claiming that his
guilty pleas were constitutionally deficient and that his trial counsel was
ineffective. Because Rutledge has not alleged valid reasons for failing to attack the
convictions earlier, he is not entitled to a writ of coram nobis. See United States v.
Kwan, 407 F.3d 1005, 1011 (9th Cir. 2005) abrogated on other grounds by Padilla
v. Kentucky, 130 S. Ct 1473 (2010); see also Maghe v. United States, 710 F.2d 503,
503-04 (9th Cir. 1983).
AFFIRMED.
2 08-16810