Alessio

Alessio v. United States

Good Law
242 F. App'x 441
United States Court of Appeals for the Ninth CircuitJune 19, 2007No. 06-56196California527 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Dominic Alessio appeals the magistrate judge’s order denying his petition for writ of error coram nobis. We review the dismissal of Alessio’s petition de novo, United States v. Kwan, 407 F.3d 1005, 1011 (9th Cir.2005), and we affirm.

“Coram nobis is an extraordinary writ, used only to review errors of the most fundamental character.” Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir. 2002) (italics omitted). Although writs of coram nobis may be used to correct “egregious” errors of law, Kwan, 407 F.3d at 1010 , the Supreme Court has cautioned that “it is difficult to conceive of a situation in a federal criminal case today where [a writ of coram nobis] would be necessary or appropriate.” Carlisle v. United States, 517 U.S. 416, 429 , 116 S.Ct. 1460 , 134 L.Ed.2d 613 (1996) (internal quotation marks and italics omitted).

Alessio argues that in light of United States v. Sun-Diamond Growers of California, 526 U.S. 398 , 119 S.Ct. 1402 , 143 L.Ed.2d 576 (1999), his 1973 conviction for violating the federal illegal gratuity statute, 18 U.S.C. § 201 (f), by giving things of value to Anthony Santiago— camp administrator at the Lompoc Federal Prison Camp…

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