1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SERGUEI ADONIEV, Civil Case No. 2:21-cv-07462-DSF 12 Petitioner, Related Crim. Case No. 2:96-cr- 00977-RAP 13 v. 14 UNITED STATES OF AMERICA, ORDER GRANTING SERGUEI 15 Defendant. ADONIEV’S UNOPPOSED PETITION FOR CORAM NOBIS 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Court has reviewed and considered Petitioner Serguei Adoniev’s 2 || (“Petitioner”) Unopposed Petition for Coram Nobis (the “Petition’”’); the concurrently 3 || filed declarations of Stephen London, Serguei Adoniev, and John Hemann; 4 || Petitioner’s proposed order, and all other materials properly before the Court. The 5 || United States Attorney’s Office has filed a statement of non-opposition to the Petition 6 || and proposed order. 7 The Court finds that Petitioner has satisfied the requirements for coram 8 || nobis relief: (1) a more usual remedy is not available; (2) the conviction’s adverse 9 || consequences are sufficient to satisfy the case and controversy requirement of Article 10 || ILI; (3) his conviction was flawed by errors of a fundamental character; and (4) the 11 || Petitioner has a valid reason for not attacking the conviction earlier. See Hirabayashi 12 || v. United States,

(9th Cir. 1987). 13 Accordingly, the Petition for Coram Nobis is GRANTED. Petitioner is 14 || hereby permitted to withdraw his guilty plea and it is deemed 15 || withdrawn. Petitioner’s conviction (Dkt. 62) is VACATED and the Clerk of Court 16 || is directed to so reflect in the docket. 17 IT IS SO ORDERED. 18 | parep: September 29, 2021 it } \ +; □□□ 19 POdOXO- AR. aoe Hon. Judge Dale S. Fischer 20 United States District Judge 21 22 23 24 25 26 27 28

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