Opinion
No. 13-50599
06-29-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CESAR RICARDO GONZALEZ-GARCIA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:08-cr-00552-RHW MEMORANDUM Appeal from the United States District Court for the Central District of California
Robert H. Whaley, District Judge, Presiding
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 violation 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.