United States v. Michael Indelicato

U.S. Court of Appeals for the Ninth Circuit
United States v. Michael Indelicato, 677 F. App'x 428 (9th Cir. 2017)

United States v. Michael Indelicato

Opinion

MEMORANDUM ***

Michael Indelicato appeals the denial by the district court of his petition for a writ of error coram nobis. We affirm.

Indelicato was convicted of firearms offenses in 1985, and this court affirmed on direct appeal. United States v. Indelicato, 800 F.2d 1482 (9th Cir. 1986) (per curiam). Indelicato provides no valid reasons for waiting until 2014 to collaterally attack his convictions. See United States v. Riedl, 496 F.3d 1003, 1004 (9th Cir. 2007). His claims do not rest on newly discovered evidence or a change in the law, and any mis-advice by his lawyers in the mid-1980s cannot excuse his failure to take any action for over 25 years.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Michael INDELICATO, Defendant-Appellant
Status
Unpublished