In re: Lawrence Wilder, Sr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999751176-2]; denying Motion for extraordinary writ under FRAP 21 [999742474-2] Originating case number: 5:12-cr-00003-H-1. Copies to all parties and the district court. [999871481]. Mailed to: Lawrence Wilder, Sr. [16-1079]

Appeal: 16-1079

Doc: 6

Filed: 06/28/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1079

In Re:

LAWRENCE VERLINE WILDER, SR.,
Petitioner.

On Petition for Writ of Error Coram Nobis.
(5:12-cr-00003-H-1)

Submitted:

June 15, 2016

Decided:

June 28, 2016

Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Lawrence Verline Wilder, Sr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1079

Doc: 6

Filed: 06/28/2016

Pg: 2 of 3

PER CURIAM:
Lawrence Verline Wilder, Sr., petitions this court for a
writ

of

error

(2012).

coram

nobis

pursuant

to

28

U.S.C.

§

1651(a)

In his petition, Wilder seeks an order from this court

vacating his criminal judgment.
A

writ

of

conviction

when

conviction,

and

error
there
no

coram
is

other

nobis

a

can

be

fundamental

means

of

used
error

relief

is

to

vacate

resulting

in

available.

United States v. Denedo, 556 U.S. 904, 911 (2009).

a

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”)
omitted).

(internal

quotation

marks

omitted

517 U.S. at 429.
nobis

fundamental
remedy.”

brackets

The remedy is also limited to petitioners who are no

longer in custody pursuant to their conviction.

coram

and

is

See Carlisle,

“As a remedy of last resort, the writ of error
granted

character

only
and

where

there

an

error

exists

no

is

of

other

the

most

available

United States v. Akinsade, 686 F.3d 248, 252 (4th Cir.

2012) (internal quotation marks omitted).
We

conclude

that

Wilder

fails

to

entitled to a writ of error coram nobis.

establish

that

he

is

Accordingly, although

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

Wilder’s request for

Appeal: 16-1079

Doc: 6

appointment

Filed: 06/28/2016

of

counsel

is

Pg: 3 of 3

denied.

We

dispense

with

oral

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