United States v. Victor Martinez-Perez

MEMORANDUM

Petitioner Victor Martinez-Perez appeals the district court’s denial of his petition for writ of error coram nobis. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Martinez-Perez has not established valid reasons for failing to challenge his conviction earlier. Assuming his delay was excused until his application for lawful permanent residency was denied in 1993, nearly 20 additional years passed before he filed this petition. Martinez-Perez’s explanation that he was unable to afford the $50,000.00 to $100,000.00 retainer fees he was quoted is not persuasive. He has not provided any detail about the extent of his efforts to find affordable counsel and therefore has failed to establish that he could not have acted earlier. See United States v. Riedl, 496 F.3d 1003, 1006-07 (9th Cir.2007). In any event, inability to afford litigation is a generally invalid reason for delay. See id. at 1007 ; cf. Danjaq LLC v. Sony Corp., 263 F.3d 942, 954-55 (9th Cir.2001).

2. The district court did not abuse its discretion by applying laches. It permissibly concluded that the government has been prejudiced by the delay, both because evidence it would ordinarily use to…