US v. Juan Hernandez-Monreal
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:07-cr-00337-LMB-1,1:10-cv-00618-LMB Copies to all parties and the district court/agency. [998478981] [10-4777]
US v. Juan Hernandez-Monreal
Doc. 0
Case: 10-4777 Document: 8
Date Filed: 12/06/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4777 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN ANTONIO HERNANDEZ-MONREAL, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:07-cr-00337-LMB-1; 1:10-cv-00618-LMB) Submitted: September 28, 2010 WYNN, Circuit Decided: Judges, and December 6, 2010 HAMILTON, Senior
Before DAVIS and Circuit Judge.
Affirmed in part; dismissed in part by unpublished per curiam opinion. Juan Antonio Hernandez-Monreal, Appellant Pro Se. Bibighaus Hammerstrom, OFFICE OF THE UNITED STATES Alexandria, Virginia, for Appellee. Stephanie ATTORNEY,
Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-4777 Document: 8
Date Filed: 12/06/2010
Page: 2
PER CURIAM: Juan Hernandez-Monreal seeks to appeal the district
court's order summarily dismissing his petition for a writ of error coram nobis and dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. For the reasons explained
below, we affirm the trial court's dismissal of the petition for a writ of error coram nobis, deny a certificate of
appealability, and dismiss the remainder of this appeal. Although the district court erred when it summarily dismissed Hernandez-Monreal's petition for a writ of error coram nobis as inapplicable to a criminal judgment, that error was harmless. Contrary to the district court's reasoning, both the
United States Supreme Court and this court have granted relief to federal prisoners under the writ of error coram nobis. See
United States v. Morgan, 346 U.S. 502, 506-07, 512-13 (1954) (noting the continued viability of the writ of error coram nobis under the All Writs Act, 28 U.S.C. § 1651(a) (2006), and
affirming a district court's issuance of a writ of error coram nobis to vacate a conviction after the completion of the
petitioner's term of imprisonment); United States v. Mandel, 862 F.2d 1067, 1075 (4th Cir. 1988) (same). The district court's error was was harmless because
Hernandez-Monreal's
petition
ultimately
meritless.
Hernandez-Monreal relied upon the United States Supreme Court's 2
Case: 10-4777 Document: 8
Date Filed: 12/06/2010
Page: 3
recent
decision
in
Padilla
v.
Kentucky
to
argue
ineffective
assistance of counsel.
See Padilla, 599 U.S. ___, ___, 130 S.
Ct. 1473, 1486 (2010) (holding "counsel must inform her client whether his plea carries a risk of deportation"). however, shows that during his Rule his 11 hearing, The record, Hernandezthat his
Monreal affirmatively
acknowledged
understanding
plea "could definitely make it difficult, if not impossible, for [him] to successfully stay legally in the United States."
Hence, the trial court's failure to consider Hernandez-Monreal's petition for a writ of error coram nobis was harmless. Next, we conclude that the trial court's determination that Hernandez-Monreal's § 2255 motion was untimely is neither debatable nor wrong. district justice court's or judge To the extent it denied habeas relief, the is a not appealable of unless a circuit 28
order issues
certificate
appealability.
U.S.C. § 2253(c)(1) (2006). not issue absent "a
A certificate of appealability will showing of the denial of a
substantial
constitutional right."
28 U.S.C. § 2253(c)(2) (2006).
When the
district court denies relief on the merits, a prisoner satisfies Furthermore, nothing in the Padilla decision indicates that it is retroactively applicable to cases on collateral review. See Mandel, 862 F.2d at 1075 (affirming district court's grant of a writ of error coram nobis vacating convictions in light of a retroactive and dispositive Supreme Court decision). 3
Case: 10-4777 Document: 8
Date Filed: 12/06/2010
Page: 4
this
standard
by
demonstrating
that
reasonable
jurists
would
find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38
(2003).
When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. Slack,
We have independently reviewed the record
and conclude that Hernandez-Monreal has not made the requisite showing. Accordingly, we affirm the district court's denial of a writ of error coram nobis, deny a certificate of
appealability, and dismiss the appeal as to the denial of habeas relief. legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional
contentions the court
would
process. AFFIRMED IN PART; DISMISSED IN PART
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?