United States v. Collicott
United States v. Collicott
Opinion of the Court
MEMORANDUM
Federal prisoner Edward P. Collicott, Sr., appeals pro se from the district court’s judgment denying as untimely his 28 U.S.C. § 2255 motion challenging his jury-trial conviction for possession with intent to distribute methamphetamine, heroin and cocaine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 2253. We review de novo, United States v. Chacon-Palomares, 208 F.3d 1157, 1158 (9th Cir. 2000), and we affirm.
Citing Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), Collicott contends that his confrontation rights were violated at his re-trial when the district court allowed into evidence sworn testimony of an unavailable witness from his initial trial.
Because Collicott did not file his section 2255 motion until almost two years after the Supreme Court’s decision in Crawford,
Collicott’s motion for release, filed on September 11, 2006, is denied.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
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