United States v. Vincent Parks

FILED
NOT FOR PUBLICATION SEP 02 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-16527
Plaintiff - Appellee, D.C. No. 1:82-cr-00123-AWI
v.
MEMORANDUM*
VINCENT GEORGE PARKS,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Vincent George Parks 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.
*
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).
§ 1291. We review de novo the district court’s denial of a petition for a writ of
error coram nobis, see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir. 2007),
and we affirm.
In 1983, Parks pled guilty to armed bank robbery. He now contends that this
conviction is invalid, because he received ineffective assistance of counsel and was
abandoned by his attorney. Because Parks has not shown a valid reason for failing
to attack his conviction earlier, he is not entitled to a writ of error coram nobis. See
id. at 1006-07.
In a filing received by the court on August 3, 2015, Parks raises several
challenges to a separate set of convictions and sentences from 1998. Because these
arguments were not raised in Parks’ petition before the district court, we decline to
consider them on appeal. See Cacoperdo v. Demosthenes, 37 F.3d 504, 507 (9th
Cir. 1994).
AFFIRMED.
2 14-16527