Thomas v. United States of America

Filing 3

MEMORANDUM AND ORDER re: 1 HEREBY ORDERED that petitioner's petition for writ of error coram nobis is DISMISSED. Signed by District Judge Jean C. Hamilton on 12/10/12. (CLK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DARREN THOMAS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 4:12CV2248 JCH MEMORANDUM AND ORDER This matter is before the Court on petitioner’s petition for writ of error coram nobis. Petitioner, a prisoner at Memphis Federal Correctional Institution, seeks to overturn his conviction on the basis that he was denied his Sixth Amendment right to counsel. Coram nobis is not intended to be a substitute for proceedings brought pursuant to 28 U.S.C. § 2255. See U.S. v. Noske, 235 F.3d 405, 406 (8th Cir. 2000); United States v. Morgan, 346 U.S. 502, 511 (1954). A writ of coram nobis is available only when the applicant is not in custody. U.S. v. Esogbue, 357 F.3d 532, 534 (5th Cir. 2004); U.S. v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002). Because petitioner is currently incarcerated, the petition must be dismissed. Accordingly, IT IS HEREBY ORDERED that petitioner’s petition for writ of error coram nobis is DISMISSED. Dated this 10th day of December, 2012. /s/Jean C. Hamilton JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE -2-

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