Towner

Towner v. Arizona

Good Law
22 F. App'x 906
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-15467. D.C. No. CV-00-01307-RCBCalifornia355 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Thomas Tuttle Towner appeals pro se from the district court’s order denying his motion for reconsideration of its order dismissing his petition for writ of coram nobis. We have jurisdiction pursuant to 28 U.S.C. § 1291 , review for abuse of discretion, see Shalit v. Coppe, 182 F.3d 1124, 1127 (9th Cir.1999), and we affirm.

Towner filed a petition for writ of coram nobis challenging his 1968 Arizona state conviction for robbery. As the district court correctly concluded, however, coram nobis relief is available only to challenge federal convictions. See Yasui v. United States, 772 F.2d 1496, 1498 (9th Cir.1985) (“the writ of error coram nobis fills a void in the availability of post-conviction remedies in federal criminal cases”).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

. To the extent Towner sought redress under 28 U.S.C. §§ 2254 and 2255, the district court properly denied relief, because the district court lacked jurisdiction over a section 2254 petition attacking a state conviction where the sentence has…

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