Harry Katz v. United State

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Michael J. Melloy and Bobby E. Shepherd (UNPUBLISHED) [3979906] [12-1485]

United States Court of Appeals
For the Eighth Circuit
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No. 12-1485
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Harry Meyer Katz
lllllllllllllllllllllPetitioner - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: October 31, 2012
Filed: November 30, 2012
[Unpublished]
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Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Former federal inmate Harry Katz appeals the district court’s1 denial of his
petition for a writ of error coram nobis. We agree with the court that Katz may not
1

The Honorable Catherine D. Perry, Chief Judge, United States District Court
for the Eastern District of Missouri.

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Date Filed: 11/30/2012 Entry ID: 3979906

raise in a coram nobis petition the same claims that he previously litigated in his 28
U.S.C. § 2255 motion. See Sawyer v. Whitley, 505 U.S. 333, 338 (1992) (successive
habeas petition raising identical grounds as prior petition must generally be
dismissed); United States v. Comacho-Bordes, 94 F.3d 1168, 1173 (8th Cir. 1996)
(coram nobis relief is substantially equivalent to habeas relief, and principles barring
successive petitions apply); Azzone v. United States, 341 F.2d 417, 418-19 (8th Cir.
1965) (per curiam) (coram nobis petitioner is not entitled to review of issues that were
considered and resolved either on direct appeal or in § 2255 motion). We also find
that the district court did not err in denying the petition without a hearing or
discovery. Accordingly, we affirm. See 8th Cir. R. 47B.
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Date Filed: 11/30/2012 Entry ID: 3979906