United States v. Cesar Gonzalez-Garcia

609 F. App'x 403

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 29, 2015
• Docket: 13-50599
• Status: Unpublished

Opinion

MEMORANDUM **

Cesar Ricardo Gonzalez-Garcia appeals from the district court’s order denying his motion for a writ of error coram nobis seeking to vacate his 2011 conviction for illegal reentry after deportation, in viola tion of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gonzalez-Garcia claims that a copy of his Mexican birth certificate obtained in 2013 provides a basis for vacating his conviction because it proves that the version of the birth certificate admitted at trial is fake. We review de novo the district court’s denial of Gonzalez-Garcia’s coram nobis petition. See United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir.2007). Gonzalez-Garcia has failed to show valid reasons for failing to challenge the authenticity of the admitted version of the birth certificate at trial. See id. at 1006-07. Moreover, he has failed to demonstrate an error of “the most fundamental character.” See Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir.1987). Accordingly, the district court properly denied Gonzalez-Garcia coram nobis relief.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.