United States v. Evans

MEMORANDUM ^**

Federal prisoner Willie Ray Evans, Jr., appeals pro se the district court’s judgment denying his petition for writ of coram nobis. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir.2002), and we affirm.

Evans cannot challenge his conviction or sentence pursuant to a petition for a writ of error coram nobis because he is still in custody. See 28 U.S.C. § 2255; Matus-Leva, 287 F.3d at 761 (deciding that a writ of coram nobis was unavailable to a petitioner who was still in custody and could seek relief pursuant to a § 2255 motion).

Further, because Evans has already attacked his conviction pursuant to a § 2255 motion, he “may not resort to coram nobis merely because he has failed to meet the AEDPA’s gatekeeping requirements.” Id.

AFFIRMED.¹

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . Evans’ motion for correction or modification of the record is denied as unnecessary.