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United States v. Michael Indelicato
677 F. App'x 428
9th Cir.
2017
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Docket

*1 Before: TASHIMA and HURWITZ, Circuit Judges, and ADELMAN, District Judge. [***]

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

*2 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.

2

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

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

[***] The Honorable Lynn S. Adelman, District Judge for the United States District Court for the Eastern District of Wisconsin, sitting by designation.

Case Details

Case Name: United States v. Michael Indelicato
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Feb 22, 2017
Citation: 677 F. App'x 428
Docket Number: 15-16970
Court Abbreviation: 9th Cir.
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