DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
                  Plaintiff, 
V. 
DANIEL CONFIDENTE, 
                  Defendant. 
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Crim. No. 2009-38 
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ATTORNEYS: 
 
Ronald Sharpe, United States Attorney 
Everard Potter, AUSA 
United States Attorney’s Office 
St. Thomas, U.S.V.I. 
 
For the United States of America, 
 
Benjamin A. Currence, Esq. 
Law Offices of Benjamin A. Currence 
St. Thomas, U.S.V.I. 
For defendant Daniel Confidente. 
ORDER 
 
Before the Court is the report and recommendation of 
Magistrate Judge Ruth Miller regarding defendant Daniel 
Confidente’s (“Confidente”) petition for a writ of error coram 
nobis. 
 
On September 3, 2009, Confidente and two co-defendants were 
indicted.  The Indictment charged Confidente with conspiracy to 
smuggle aliens and transportation of illegal aliens for profit.  
Thereafter, on December 16, 2009, Confidente pled guilty to 
Count One, conspiracy to smuggle aliens.  On June 8, 2010, this 
Case: 3:09-cr-00038-CVG-RM   Document #: 105   Filed: 02/12/14   Page 1 of 2
United States v. Confidente 
Crim. No. 2009-38 
Order 
Page 2 
 
Court entered judgment in this case, sentencing Confidente to 
five years of supervised probation. 
Confidente’s petition for a writ of error coram nobis was 
filed on October 4, 2013.  As of that date Confidente was still 
serving his supervised probation.   
Confidente’s petition was referred to the Magistrate Judge 
for a report and recommendation. In considering the procedural 
posture of this case, the Magistrate noted that because 
Confidente was on supervised probation he was still “in 
custody.”  As such, the Magistrate determined, Confidente is not 
eligible for a writ of error coram nobis.  Accordingly, the 
Magistrate recommends that Confidente’s petition be denied. 
Confidente filed no objection to the report and 
recommendation. 
 
The premises considered, it is hereby 
 
ORDERED that the Magistrate Judge’s Report and 
Recommendation is ADOPTED; and it is further 
 
ORDERED that Confidente’s petition for a writ of error 
coram nobis is DENIED. 
 
 
S\ 
 
 
 
 
CURTIS V. GÓMEZ 
District Judge 
 
Case: 3:09-cr-00038-CVG-RM   Document #: 105   Filed: 02/12/14   Page 2 of 2