United States v. Humberto Orduno Bonfiglio

82 F.3d 423 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Humberto Orduno BONFIGLIO, Defendant-Appellant. No. 95-16381. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Humberto Orduno Bonfiglio appeals the district court's dismissal of his 25 U.S.C. § 2255 motions to vacate his 1974 conviction for importation and possession of marijuana and his 1975 conviction for bail jumping. We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we affirm. 1 3 Bonfiglio filed his section 2255 motions nineteen years after he was sentenced. The district court concluded that his motions were barred by Rule 9(a) of the Rules Governing Proceedings Under Section 2255, which permits the district court to dismiss a section 2255 motion where "the government has been prejudiced in its ability to…