United States v. Kenny Edward Elliott

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kenny Edward ELLIOTT, Defendant-Appellant. No. 95-15558. United States Court of Appeals, Ninth Circuit. Submitted Nov. 20, 1995. * Decided Nov. 24, 1995. Before: PREGERSON, NORRIS, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Kenny Edward Elliott appeals the district court's denial of his petition for writ of coram nobis. Elliott contends that the district court erred by denying him relief. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo the denial of a petition for writ of coram nobis, United States v. Walgren, 885 F.2d 1417, 1420 (9th Cir.1989), and affirm. 3 To qualify for coram nobis relief, the petitioner must demonstrate the following factors: "(1) a more usual remedy is not available; (2) valid reasons exist for not attacking the conviction earlier; (3) adverse consequences exist from the conviction sufficient to satisfy the case or…