Harold Gregory Sensor, Petitioner-appellant, v. United States of America, Respondent-appellee, 142 F.3d 445 (9th Cir. 1998)

 Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 142 F.3d 445 (9th Cir. 1998) .Submitted April 20, 1998**.Decided April 28, 1998

Appeal from the United States District Court for the Central District of California James M. Ideman, District Judge, Presiding.

Before BRUNETTI, RYMER, and T.G. NELSON, Circuit Judges.

MEMORANDUM* 

Harold Gregory Sensor appeals pro se the district court's order denying his petition for a writ of error coram nobis. We lack jurisdiction because the notice of appeal, filed forty-nine days after entry of the district court's order, was untimely. See Yasui v. United States, 772 F.2d 1496 (9th Cir. 1985) (the ten-day rule for criminal appeals (Fed. R. App. P. 4(b)) governs coram nobis appeals). Remand for an excusable neglect determination would be inappropriate here because the district court lacks authority to extend the time for filing a notice of appeal beyond forty days after entry of the order appealed. See Fed. R.App. 4(b).

DISMISSED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.