United States v. Kenneth McNeil , 693 F. App'x 554 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-15472
Plaintiff-Appellee, D.C. Nos. 1:02-cr-00547-ALA
1:10-cv-00275-ALA
v.
KENNETH CHARLES McNEIL, a.k.a. MEMORANDUM*
Chip,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Ann L. Aiken, District Judge, Presiding**
Submitted June 26, 2017***
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Former federal prisoner Kenneth Charles McNeil appeals from the district
court’s order denying his petition for a writ of error coram nobis. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Ann L. Aiken, United States District Judge for the
District of Oregon, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 28 U.S.C. § 1291. We review the denial of a coram nobis
petition de novo, see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir. 2007),
and we affirm.
McNeil challenges his 2003 jury-trial conviction for interstate travel with
intent to violate a protective order, alleging that the district court improperly
instructed the jury with the parties’ stipulated instruction regarding intent. Because
McNeil has not shown an error “of the most fundamental character,” he is not
entitled to a writ of error coram nobis, and the district court properly denied relief.
See id. at 1005-06.
AFFIRMED.
2 16-15472