Martinez

MEMORANDUM ***

Robert Martinez appeals pro se the district court’s denial of his petition for a writ of error coram nobis, challenging his 1986 drug conviction based on a violation of the Speedy Trial Act. See 18 U.S.C. § 3161 (e). We affirm.

On April 9, 1991, this court reversed Martinez’s 1986 drug conviction. See United States v. Martinez, 928 F.2d 1470, 1471 (9th Cir.1991). However, the mandate issued by this court on February 24, 1992 erroneously affirmed the conviction. The district court declined to set a new trial date because the February 24, 1992 mandate did not reverse Martinez’s conviction and authorize a new trial. On November 12, 1992, this court issued an amended mandate reversing Martinez’s conviction and remanding to the district court.

Martinez subsequently filed a motion to dismiss his indictment based on a violation of the Speedy Trial Act. Martinez claimed that the Speedy Trial Act was violated because he did not receive a retrial within seventy days of the Ninth Circuit’s original mandate affirming his 1986 drug conviction. The district court denied his motion, holding that the issuance date of the Ninth Circuit’s amended mandate was the correct starting…