United States v. Simon Castorena Sotelo

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Simon Castorena SOTELO, Defendant-Appellant. No. 95-16830. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Simon Castorena Sotelo appeals pro se the district court's dismissal of his petition for relief under 28 U.S.C. § 2255 . Sotelo claims the district court abused its discretion when it found his challenge to a 1979 guilty-plea conviction barred by laches. We have jurisdiction under 28 U.S.C. § 2255 , and we affirm. 3 We review a district court's application of laches for an abuse of discretion. Telink, Inc. v. United States, 24 F.3d 42, 47 (9th Cir.1994). Unless a petitioner shows that he has acted diligently, laches may bar a section 2255 motion if the delay in filing the motion has prejudiced the government's ability to respond to…