Serguei Adoniev v. United States

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SERGUEI ADONIEV, Civil Case No. 2:21-cv-07462-DSF Petitioner, Related Crim. Case No. 2:96-cr- 00977-RAP v.

UNITED STATES OF AMERICA,

ORDER GRANTING SERGUEI Defendant. ADONIEV’S UNOPPOSED

PETITION FOR CORAM NOBIS

The Court has reviewed and considered Petitioner Serguei Adoniev’s (“Petitioner”) Unopposed Petition for Coram Nobis (the “Petition’”’); the concurrently filed declarations of Stephen London, Serguei Adoniev, and John Hemann; Petitioner’s proposed order, and all other materials properly before the Court. The United States Attorney’s Office has filed a statement of non-opposition to the Petition and proposed order.

The Court finds that Petitioner has satisfied the requirements for coram nobis relief: (1) a more usual remedy is not available; (2) the conviction’s adverse consequences are sufficient to satisfy the case and controversy requirement of Article ILI; (3) his conviction was flawed by errors of a fundamental character; and (4) the Petitioner has a valid reason for not attacking the conviction earlier. See Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir. 1987).

Accordingly, the Petition for Coram Nobis is GRANTED. Petitioner is hereby permitted to withdraw his guilty plea and it is deemed withdrawn. Petitioner’s conviction (Dkt. 62) is VACATED and the Clerk of Court is directed to so reflect in the docket.

IT IS SO ORDERED. parep: September 29, 2021 it } \ +; □□□ POdOXO- AR. aoe Hon. Judge Dale S. Fischer United States District Judge ny