UNITED STATES v. CARLSON (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Joseph CARLSON, Defendant-Appellant.

No. 18-35157

Decided: December 21, 2018

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

James A. Goeke, Assistant U.S., DOJ-United States Attorney's Office, Spokane, WA, for Plaintiff-Appellee. Timothy Joseph Carlson, Littleton, CO, pro se.

MEMORANDUM **

Timothy Joseph Carlson appeals pro se from the district court's order denying his petition for a writ of error coram nobis. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

This court reviews de novo the district court's denial of a coram nobis petition. See Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir. 2002). The district court correctly denied Carlson's petition. Carlson is still in custody and, therefore, cannot show that a more usual remedy is unavailable to attack his conviction. See id. at 761 (“A person in custody may seek relief pursuant to 28 U.S.C. § 2255. Because the more usual remedy of a habeas petition is available, the writ of error coram nobis is not.” (footnote omitted) ).

AFFIRMED.

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