United States of America v. Daniel M. Davis

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL M. DAVIS,
Defendant - Appellant.
No. 12-35982
D.C. Nos. 1:03-cv-00045-EJL
1:01-cr-00188-EJL
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Daniel M. Davis appeals pro se from the district court’s order denying his
petition for a writ of error coram nobis. We have jurisdiction under 28 U.S.C.
§ 1291. We review the denial of a petition for a writ of error coram nobis de novo,
see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir. 2007), and we affirm.
FILED
FEB 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Davis challenges his 2002 guilty-plea conviction, alleging ineffective
assistance of counsel and prosecutorial misconduct. Because Davis has not shown
valid reasons for failing to attack the conviction earlier or an error “of the most
fundamental character,” he is not entitled to a writ of coram nobis, and the district
court properly denied relief. See id. at 1006-07.
AFFIRMED.
12-35982 2

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