Klein

United States v. Klein

Good Law
227 F. App'x 668
United States Court of Appeals for the Ninth CircuitApril 17, 2007No. 05-55280California490 words

Opinion

Lead Opinion

MEMORANDUM *

The facts and procedural history are known to the parties and are repeated here only as necessary. On March 4, 2002, Paul Klein (“Appellant”) was sentenced by the district court to one count of possessing counterfeit currency, to which he had pled guilty. On May 7, 2002, the district court accepted a stipulation negotiated by the U.S. Attorney and the Appellant to correct his sentence from three years supervised release with four months home detention, to three years probation with a special condition of four months home detention.

On July 16, 2004, Appellant filed a motion for writ of coram nobis and relief under § 2255 with the district court. On January 25, 2005, the district court denied the motions stating that the 1-year limit imposed by AEDPA made his § 2255 motion untimely and that Appellant did not meet the requirements for a writ of coram nobis. On October 13, 2006, a panel of this court denied Appellant’s request for a certificate of appealability for the claims raised in the § 2255 motion. Thus, we only address the coram nobis motion.

We review de novo the district court’s denial of a writ of coram nobis. Matus-Leva v. United States, 287 F.3d 758, 760…

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