United States v. Maureen Chan

Opinion by Judge D.W. NELSON; Concurrence by Judge BYBEE; Dissent by Judge IKUTA.

OPINION

D.W. NELSON, Senior Circuit Judge:

Appellant Maureen Elaine Chan, a/k/a Maureen Ridley (“Chan”), appeals the district court’s dismissal of her petition for a writ of error coram nobis. This case requires us to determine,the retroactivity of our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir.2005). Because we conclude that Kwan both survives Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and did not establish a new rule of criminal procedure under Teague v. Lane,…