In re: David A. Acevedo

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999619235-2]; denying Motion for extraordinary writ under FRAP 21 [999613141-2] Originating case number: 3:05-cr-00214-JRS-1 Copies to all parties and the district court/agency. [999692737]. Mailed to: Acevedo. [15-1732]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1732

In Re:

DAVID A. ACEVEDO,
Petitioner.

On Petition for Writ of Error Coram Nobis.
(3:05-cr-00214-JRS-1)

Submitted:

October 28, 2015

Decided:

November 4, 2015

Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

David A. Acevedo, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David A. Acevedo petitions this court for a writ of error
coram nobis pursuant to 28 U.S.C. § 1651(a) (2012).

In his

petition, Acevedo alleges that his convictions are invalid and
seeks an order from this court vacating his criminal judgment.
A

writ

conviction

of
when

error

coram

there

is

a

nobis

can

be

fundamental

used
error

to

vacate

resulting

conviction, and no other means of relief is available.
United States v. Denedo, 556 U.S. 904, 911 (2009).

a
in

See

But see

Carlisle v. United States, 517 U.S. 416, 429 (1996) (noting “it
is difficult to conceive of a situation in a federal criminal
case today where a writ of coram nobis would be necessary or
appropriate”) (citation and internal quotation marks omitted).
The remedy is also limited to petitioners who are no longer in
custody pursuant to their conviction.
429.
is

See Carlisle, 517 U.S. at

“As a remedy of last resort, the writ of error coram nobis

granted

only

where

an

error

is

of

the

most

fundamental

character and there exists no other available remedy.”

United

States v. Akinsade, 686 F.3d 248, 252 (4th Cir. 2012) (internal
quotation marks omitted).
We

conclude

that

Acevedo

fails

to

entitled to a writ of error coram nobis.

establish

that

he

is

Accordingly, although

we grant Acevedo leave to proceed in forma pauperis, we deny the
petition for a writ of error coram nobis.
2

We dispense with oral

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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED

3