United States Ninth Circuit
US v. RATIGAN, 01-35972
The insufficiency of proof of a jurisdictional fact cannot undermine a district court's subject-matter jurisdiction. Ratigan procedurally defaulted on his 28 U.S.C. section 2255 motion by not raising it at trial or on direct appeal, and since he cannot show cause and prejudice or actual innocence his motion was properly dismissed.
Appellate Information
- Argued 10/08/2003
- Decided 12/11/2003
- Published 12/11/2003
Judges
- TROTT, Circuit Judge:, Before TROTT, FISHER, and GOULD, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Chris A. Bugbee, Spokane, WA, for the Defendant-Appellant., Thomas O. Rice, Assistant United States Attorney, Spokane, WA, for the Plaintiff-Appellee.