USA V. NICHOLAS MATHESON, No. 15-30300 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 24 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-30300 D.C. No. 2:01-cr-00062-WFN-1 v. NICHOLAS PATRICK MATHESON, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Idaho Wm. Fremming Nielsen, District Judge, Presiding Submitted October 3, 2016** Seattle, Washington Before: W. FLETCHER, GOULD, and N.R. SMITH, Circuit Judges. Nicholas Matheson appeals from the district court’s order denying his motion to vacate for lack of jurisdiction his 2001 conviction for simple assault in violation of 18 U.S.C. § 113(a)(5). Because Matheson sought to challenge his * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). conviction more than a dozen years after it had become final, the district court below did not have jurisdiction to entertain his motion. See Travelers Indem. Co. v. Bailey, 557 U.S. 137, 154 (2009); Chicot Cty. Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940); Stoll v. Gottlieb, 305 U.S. 165, 172 (1938). Accordingly, we vacate the district court’s order and remand for dismissal for lack of jurisdiction. VACATED and REMANDED. 2

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