United States v. Cesar Gonzalez-Garcia , 609 F. App'x 403 ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-50599
Plaintiff - Appellee, D.C. No. 2:08-cr-00552-RHW
v.
MEMORANDUM*
CESAR RICARDO GONZALEZ-
GARCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Robert H. Whaley, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 13-50599