United States of America v. Wilson

Filing 7

ORDER denying 1 Motion to Expunge. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Case No. 17-51223

Plaintiff,

Honorable John Corbett O’Meara

v.
WANDA SOLOMON WILSON,
Defendant.
/

ORDER DENYING
DEFENDANT’S SEPTEMBER 1, 2017 MOTION TO EXPUNGE
This matter came before the court on Wanda Solomon Wilson’s September 1,
2017 motion to expunge. The government filed a response December 14, 2017. No
reply was filed, and no oral argument was heard.
Wanda Solomon has written to the court requesting that it expunge her 1971
conviction for a violation of 18 U.S.C. § 1952. Although she presents a compelling
case, the court does not have jurisdiction to grant her request.
“Federal courts lack ancillary jurisdiction over motions for expungement based
on purely equitable considerations, yet retain ancillary jurisdiction over motions
challenging an unconstitutional conviction.” United States v. Field, 756 F.3d 911, 916

(6th Cir. 2014). A “district court’s ancillary jurisdiction is limited to expunging the
record of an unlawful arrest or conviction, or to correcting a clerical error.” Id.
In this case Wilson is not challenging an unlawful arrest or conviction, asking
the court to correct a clerical error, or challenging the underlying criminal
proceedings. Her request is based on equitable grounds. Accordingly, the court lacks
jurisdiction to grant her motion.
ORDER
It is hereby ORDERED that Wanda Solomon Wilson’s September 1, 2017
motion to expunge is DENIED.
s/John Corbett O'Meara
United States District Judge
Date: January 8, 2018

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, January 8, 2018, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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