United States v. Arloha Mae Pinto, 1 F.3d 1069 (10th Cir. 1993). · Go Syfert
United States v. Arloha Mae Pinto, 1 F.3d 1069 (10th Cir. 1993). Cases Citing This Book View Copy Cite
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At page 1070 Determining applicable appeal time limits for § 2255 proceedings50 citing cases“in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal.”5 citing courts quote it · 47 listed here
  • United States v. Trzaska, No. 17-4117 (10th Cir. July 11, 2019).unpublished 6 cites
    (We have stated that, in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal.)
  • United States v. Brown, No. 24-8073 (10th Cir. Oct. 20, 2025).unpublished
    (§ 2255 proceedings are considered civil cases for purposes of the appellate rules)
  • United States v. Warren, No. 23-3268 (10th Cir. Feb. 13, 2025).unpublished
    APPELLATE JURISDICTION A timely notice of appeal is jurisdictional in a civil case, Bowles v. Russell, 551 U.S. 205, 214 (2007), and § 2255 proceedings are considered civil cases for purposes of the appellate rules, see United States v. Pi…
  • Price 362584 v. Corrigan, No. 2:24-cv-00038 (W.D. Mich. Nov. 15, 2024).
    Essentially, Petitioner is arguing that the revocation of his probation “is unjustly interfering with [his] efforts to rebuild [his] life.” United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • United States v. Alas, No. 22-7049 (10th Cir. Mar. 3, 2023).unpublished
    United States v. Williams, 790 F.3d 1059 , 1077 n. 14 (10th Cir. 2015); United States v. Cruz, 774 F.3d 1278, 1284 (10th Cir. 2014); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • United States v. Grant, No. 19-6140 (10th Cir. Apr. 9, 2020).unpublished
    (noting that the sixty-day, civil time limit applies to § 2255 proceedings)
  • United States v. Hill, No. 17-5086 (10th Cir. Jan. 31, 2018).unpublished
    App. P. 4(a)(1)(B); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • United States v. Autobee, No. 17-1082 (10th Cir. Sept. 11, 2017).published
    United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993); see also Rules Governing § 2255 Proceedings, Rule 11(b) (“Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules.”); Rule 11(b) adv…
  • United States v. Autobee, 870 F.3d 1184 (10th Cir. 2017).published
    United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993); see also Rules Governing § 2255 Proceedings, Rule 11(b) (“Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules.”); Rule 11(b) adv…
  • United States v. Salgueido, 256 F. Supp. 3d 1175 (D.N.M. 2017).published
    U.S. v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993); (construing pleadings by pro se defendant liberally and as a post-conviction proceeding under 28 U.S.C. § 2255 ).
Show 37 more citing cases
  • Clema v. Colombe, 676 F. App'x 801 (10th Cir. 2017).unpublished
    Equitable Expungement “[I]n extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal.” United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • Doe v. United States, No. 13-2128 (10th Cir. Jan. 26, 2015).published
    In United 8 States v. Pinto, 1 F.3d 1069 (10th Cir. 1993), as in the present case, we concluded that there was no statutory grant of jurisdiction to the district court to order expungement of a criminal conviction, and stated specifically,…
  • Doe v. United States, 774 F.3d 1300 (10th Cir. 2014).published
    In United 8 States v. Pinto, 1 F.3d 1069 (10th Cir. 1993), as in the present case, we concluded that there was no statutory grant of jurisdiction to the district court to order expungement of a criminal conviction, and stated specifically,…
  • Tokoph v. United States, 774 F.3d 1300 (10th Cir. 2014).published
    In United States v. Pinto, 1 F.3d 1069 (10th Cir.1993), as in the present case, we concluded that there was no statutory grant of jurisdiction to the district court to order expungement of a criminal conviction, and stated specifically, wh…
  • United States v. Allen, 57 F. Supp. 3d 533 (E.D.N.C. 2014).published
    Hodge, 31 F.3d at 166; 8 see United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); United States v. Scott, 793 F.2d 117, 118 (5th Cir.1986).
  • Sanchez v. Melendrez, 934 F. Supp. 2d 1325 (D.N.M. 2013).published
    The Tenth Circuit has construed the equitable power of federal courts slightly more liberally, holding that “in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal.” United States v. Pinto, 1…
  • United States v. Mitchell, 683 F. Supp. 2d 427 (E.D. Va. 2010).published
    See United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977); United States v. Flowers, 389 F.3d 737, 739-40 (7th Cir.2004); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993), clarifying United States v. Friesen, 853 F.2d 816 (1…
  • Santiago v. People, 51 V.I. 283 (2009).published
    Also, “in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal.” United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • United States v. Kutilek, 260 F. App'x 139 (10th Cir. 2008).unpublished
    (holding that 60-day time limit for notice of appeal in civil cases, not 10-day limit in criminal cases, applies to § 2255 proceedings)
  • Wynn Satterlee v. Hugh Wolfenbarger, 453 F.3d 362 (6th Cir. 2006).published
    A.M. v. Butler, 360 F.3d 787, 802 (7th Cir.2004); United States v. Sumner, 226 F.3d 1005, 1012 (9th Cir.2000); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); White v. White, 925 F.2d 287, 292 (9th Cir.1991); Mizell v. Att’y Gen…
  • Satterlee v. Wolfenbarger, No. 05-2513 (6th Cir. June 30, 2006).published
    A.M. v. Butler, 360 F.3d 787, 802 (7th Cir. 2004); United States v. Sumner, 226 F.3d 1005, 1012 (9th Cir. 2000); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993); White v. White, 925 F.2d 287, 292 (9th Cir. 1991); Mizell v. Att’y…
  • United States v. Irving, 186 F. App'x 824 (10th Cir. 2006).unpublished
    United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • Gov't of the Virgin Islands v. Richardson, 45 V.I. 326 (2004).published
    United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • United States v. Wiley, 89 F. Supp. 2d 909 (S.D. Ohio 1999).published 2 cites
    Were we to deem them sufficient to outweigh the government’s interest in maintaining criminal records, expunction would no longer be the narrow, extraordinary remedy, but a generally available remedy.”); United States v. Pinto, 1 F.3d 1069…
  • United States v. Bailey, No. 98-3089 (10th Cir. Mar. 17, 1999).unpublished
    App. P. 4(a); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir. 1993).
  • United States v. Phillips, 139 F.3d 913 (10th Cir. 1998).unpublished 2 cites
    See United States v. Warner, 23 F.3d 287, 290 (10th Cir.1994); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Planas, 884 F. Supp. 1488 (D. Kan. 1995).published
    (the defendant/movant in an action under § 2255 has 60 days under Fed.RApp.P. 4(a) to file a notice of appeal)
  • Paul Sandoval v. State of New Mexico, 41 F.3d 1516 (10th Cir. 1994).published
    Haines v. Kerner, 404 U.S. 519, 520-21 (1972); United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • Doe v. United States, 168 F. Supp. 3d 427 (E.D.N.Y 2016).published
    (We have stated that, in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal.” (citing United States v. Friesen, 853 F.2d 816, 817 (10th Cir.1988)))
  • United States v. Nedelcu (Olimpiu), 441 F. App'x 614 (10th Cir. 2011).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Watkins, 440 F. App'x 643 (10th Cir. 2011).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Taylor, 381 F. App'x 876 (10th Cir. 2010).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Villarreal, 351 F. App'x 332 (10th Cir. 2009).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); see also Fed.
  • United States v. Quintana-Navarette, 317 F. App'x 742 (10th Cir. 2008).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Lindsey, 264 F. App'x 710 (10th Cir. 2008).unpublished
    (explaining that “the 60 day civil appeals period applies” to post-conviction proceedings under § 2255)
  • United States v. Williams, 260 F. App'x 136 (10th Cir. 2008).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Sam, 73 F. App'x 335 (10th Cir. 2003).unpublished
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • Camfield v. City of Oklahoma City, 248 F.3d 1214 (10th Cir. 2001).published
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
  • Bradshaw v. Baptiste, 23 F. Supp. 2d 1236 (D. Kan. 1998).published
    (less stringent standard applies to pro se defendants as well as plaintiffs)
  • United States v. Dan L. Stefanoff, Stefanoff Elec. Corp., 123 North Birch, Jenks, Ok 74037, Garnishee, 149 F.3d 1192 (10th Cir. 1998).published
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993).
  • United States v. Stefanoff, No. 97-7044 (10th Cir. June 22, 1998).unpublished
    See United States v. Pinto , 1 F.3d 1069, 1070 (10th Cir. 1993).
  • Toth v. Albuquerque Police Dep't, 1997-NMCA-079, 944 P.2d 285.published
    (explaining that in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal)
  • Hodge v. Jones, 31 F.3d 157 (4th Cir. 1994).published
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); United States v. Scott, 793 F.2d 117, 118 (5th Cir.1986).
  • Hodge ex rel. Hodge v. Jones, 31 F.3d 157 (4th Cir. 1994).published
    See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); United States v. Scott, 793 F.2d 117, 118 (5th Cir.1986).
  • United States v. Banks, No. 21-1410 (10th Cir. Jan. 5, 2023).unpublished
    (concluding sixty-day time period in Federal Rule of Appellate Procedure 4(a) applies to appeal from order in § 2255 proceeding)
  • United States v. Walker, No. 20-1037 (10th Cir. Dec. 2, 2020).unpublished
    (recognizing that the sixty-day appeal period applies to orders entered in § 2255 proceedings)
  • United States v. Clifton, No. 18-4021 (10th Cir. June 22, 2018).unpublished
    (noting Fed. R. App. P. 4(a)’s civil time limits apply to § 2255 proceedings)
At page 1078 habeas relief not available under Section 2254(d1 citing case1 citing court put it this way
  • Daniel v. Neuschmid, No. 4:19-cv-03319 (N.D. Cal. Nov. 16, 2020).
    (habeas relief not available under Section 2254(d)
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Arloha Mae PINTO, Defendant-Appellant
92-3435.
Court of Appeals for the Tenth Circuit.
Jul 27, 1993.
Published opinion
1 F.3d 1069
1993 U.S. App. LEXIS 19309
1993 WL 277254
Arloha Mae Pinto, pro se., Jackie N. Williams, U.S. Atty., and Linda L. Sybrant, Sp. Asst. U.S. Atty., Kansas City, MO, for plaintiff-appellee.
McKay, Seth, Barrett.
Cited by 62 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Tenth Circuit (1)
McKAY, Chief Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Defendant was convicted in 1986 of conspiracy to defraud the United States and filing a false tax return. This court affirmed. United States v. Pinto, 838 F.2d 426 (10th Cir.1988). After serving her three year sentence, Defendant found that her status as a convicted felon disrupted many aspects of her life, such as preventing her from helping at her daughter’s liquor store. She brought a motion in the district court to expunge her[*1070] conviction, claiming she had been punished enough. The district court denied relief, and Defendant appeals.

I

As an initial matter, we must inquire into our jurisdiction to hear this appeal. Defendant’s notice of appeal was filed before the 60 days required in a civil case involving the government under Fed.R.App.P. 4(a), but after the 10 days required in a criminal case under Fed.R.App.P. 4(b). The government argues that this is a criminal case, and that the notice of appeal was therefore filed out-of-time, divesting this court of jurisdiction.

Because Defendant brings this motion pro se, we view her papers liberally. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991). The record on appeal refers to her papers as a “petition,” and do not specify whether they were brought as a post-conviction proceeding under 28 U.S.C. § 2255 (1988), as a writ of error coram nobis, or as a motion in the original criminal case. While the case was given its original criminal docket number, the fact that this action was brought pro se leads us to construe the petition as an action under § 2255 or as a writ of error corara nobis. In either case, the 60 day civil appeals period applies. See United States v. Craig, 907 F.2d 653, 657 (7th Cir.1990), cert. denied,U.S. -, 111 S.Ct. 2013, 114 L.Ed.2d 100 (1991). Accordingly, we are satisfied that we have appellate jurisdiction.

II

On the merits of this dispute, we agree with the trial court’s conclusion that it was without power to grant this petition. As an initial matter, “there was no statutory authority for the district court’s expunction order.” United States v. Smith, 940 F.2d 395, 396 (9th Cir.1991). [1] Rather, any authority to order expungement must stem from the inherent equitable powers of the court. See id. We have stated that, in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal. See United States v. Friesen, 853 F.2d 816, 817 (10th Cir.1988). However, there is a large difference between expunging the arrest record of a presumably innocent person, and expunging the conviction of a person adjudged as guilty in a court of law.

The case law does support the notion that when a conviction is somehow invalidated, such as by a finding that it was unconstitutional, illegal, or obtained through government misconduct, a federal court may, in appropriate cases, grant expungement. See Bromley v. Crisp, 561 F.2d 1351, 1364 (10th Cir.1977) (federal courts have power to order expungement of a conviction on habeas corpus review); see also Smith, 940 F.2d at 396 (collecting cases); United States v. Travers, 514 F.2d 1171 (2d Cir.1974) (granting ex-pungement of a federal conviction after the Supreme Court rejected statutory interpretation under which the conviction was affirmed; the court concluded that the defendant’s actions simply were not illegal). We therefore conclude that federal courts may, in extreme cases, expunge a federal conviction that has, in some manner, been invalidated.

On this record, however, there is no allegation that the conviction was in any way improper. The sole contention is that Defendant has been punished enough, and that the presence of the conviction is unjustly interfering with her efforts to rebuild her life. Accordingly, we hold that the trial court was without power to expunge this conviction. As the Ninth Circuit has explained, “The harms alleged [by Defendant] ... are not unusual or unwarranted. Instead, they are the natural and intended collateral conse[*1071] quences of having been convicted.” Smith, 940 F.2d at 396.

Defendant argues that it was improper to deny her petition without holding a hearing. This argument misses the point. Absent an allegation that the conviction was somehow invalid, Defendant’s arguments that she had been punished enough are simply insufficient as a matter of law.

The judgment is AFFIRMED.

1

. The only statutory authority to expunge convictions is found at 21 U.S.C. § 844(b)(1) (1988) and 18 U.S.C. § 3607 (1988), both of which apply to first-time drug offenders. The only case which suggests a statutory grant of the power of ex-pungement is United States v. Bohr, 406 F.Supp. 1218, 1219 (E.D.Wisc.1976), which suggests that such authority can be gleaned from the All Writs Act, 28 U.S.C. § 1651 (1988). While we agree that the All Writs Act plays a part in enabling the court to issue the writs of error coram nobis and the writs of mandamus necessary to accomplish an actual expungement, we believe that the authority to consider the issue in the first piace is not contained in that Act. Rather, if it exists at all, it is a function of the inherent equitable power of the court.