United States v. Michael L. Montalvo

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael L. MONTALVO, Defendant-Appellant. No. 93-50089. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 10, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Montalvo appeals pro se the district court's dismissal of his petition for a writ of error coram nobis challenging his conviction for passport fraud, in violation of 18 U.S.C. Sec. 1542 . We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo, United States v. Walgren, 885 F.2d 1417, 1420 (9th Cir.1989), and affirm. 3 Pursuant to the All Writs Act, 28 U.S.C. Sec. 1651 (a), coram nobis relief is available to vacate a conviction for a petitioner who has fully served his sentence, but suffers from the lingering collateral consequences of an unconstitutional or unlawful conviction. Id. at 1421 ; Hirabayashi v. United States, 828…