Warren

MEMORANDUM **

Twenty-one years after Gary Ronald Warren pleaded guilty to three counts of burglary, he filed a § 2255 petition for habeas corpus. The district court considered and dismissed Warren’s claims on the merits. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm on alternate grounds supported by the record.

Because the facts are known to the parties, we do not recite them here. Rule 9(a) of the Rules Governing Section 2255 Proceedings for the United States District Courts (“Rule 9”) provides a doctrine of laches defense to untimely habeas petitions. 2 Rule 9 bars a petitioner’s habeas corpus proceeding if: (1) the Government proves that its ability to respond to the petition is prejudiced, (2) the petitioner’s delay caused the Government’s prejudice, and (3) the petitioner is unable to rebut the Government’s showing of prejudice or otherwise justify his delay. 3 In this case, all of the elements are satisfied. Thus, the doctrine of laches bars Warren’s § 2255 petition.

The Government proved that Warren’s delay caused it prejudice in defending against his claims. Both the prosecutor and the trial judge are now deceased. 4 Additionally, Warren’s defense…