Bogard

MEMORANDUM **

Larry Donnell Bogard appeals pro se from the district court’s judgment dismissing his petition as a successive 28 U.S.C. § 2255 motion. In his petition, Bogard challenged his sentence for his 1993 drug convictions on the ground that it was improperly enhanced based on an allegedly invalid 1980 bank robbery conviction. He argues that the district court erred in failing to construe his petition as a petition for a writ of error coram nobis.

I. Nature of Bogard’s Petition

In its motion to dismiss Bogard’s petition, the government argued that the petition should be construed as a § 2255 motion. Bogard did not contest this in his response. Further, he argued that the district court should hold his case in abeyance until the United States Supreme Court rendered its decisions in United States v. Daniels, 195 F.3d 501 (9th Cir.1999), ce rt. granted, 530 U.S. 1299 , 121 S.Ct. 22 , 147 L.Ed.2d 1046 (2000), and Coss v. Lackawanna County Dist. Attorney, 204 F.3d 453 (3d Cir.), cert. granted, 531 U.S. 923 , 121 S.Ct. 297 , 148 L.Ed.2d 238 (2000). The issue in Daniels was whether a prisoner may challenge his or her federal sentence through a § 2255 motion on the ground that a…