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allowing citation to unpublished decisions issued on or after January 1, 2007
Summary of this case from Correia v. United StatesOpinion
No. 04-56262.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 29, 2008.
Luis Felipe Casas-Castrillon, San Ysidro, CA, pro se.
Attorney General, AGCA-Office of the California Attorney General, U.S. Attorney, USSD-Office of the U.S. Attorney, San Diego, CA, for Respondents-Appellees.
Appeal from the United States District Court for the Southern District of California, John A. Houston, District Judge, Presiding. D.C. No. CV-04-01046-JAH/ BLM.
Before: FARRIS, FISHER, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Luis Felipe Casas-Castrillon, no longer in state custody, brought a 28 U.S.C. § 2254 habeas corpus petition challenging his 1996 state burglary conviction. He argues that the district court failed to construe his petition as a petition for a writ of error coram nobis.
Coram nobis relief is not available in federal court to attack a state court conviction. See, e.g., Madigan v. Wells, 224 F.2d 577, 578 n. 2 (9th Cir. 1955), cert. denied, 351 U.S. 911, 76 S.Ct. 700, 100 L.Ed. 1446 (1956); see also Finkelstein v. Spitzer, 455 F.3d 131, 134 (2d Cir. 2006). Had the district court construed Casas-Castrillon's habeas petition as a petition for a writ of error coram nobis, it would have had to deny the petition.