Donald Richard Maghe v. United States

In 1956, Maghe pleaded guilty to transporting a stolen motor vehicle in interstate commerce. He was not represented by counsel. As a result of the 1956 conviction, he received an undesirable discharge from the Army. In 1981, the Army denied Maghe’s request to upgrade his discharge.

Maghe then filed this action, which has been treated as a petition for writ of coram nobis, challenging the validity of the 1956 conviction. He alleges that the 1956 conviction violated his sixth amendment right to counsel. He believes that if he is successful in this action, the Army will upgrade his discharge and he will be eligible for various benefits.

The district court denied Maghe’s petition without a hearing. We affirm.

To be entitled to a writ of coram nobis, Maghe must show that there are “sound reasons” for his failure to seek relief earlier. United States v. Morgan, 346 U.S. 502, 512 , 74 S.Ct. 247, 253 , 98 L.Ed. 248 (1954). The district court properly denied Maghe’s petition without a hearing because he failed to allege an adequate factual basis justifying his 25-year delay in seeking relief. See United States v. Taylor, 648 F.2d 565, 573 (9th Cir.), cert. denied, 454 U.S. 866 , 102…