Birdhorse v. USA

Filing 18

ORDER denying 17 Petition for a writ of error coram nobis. Signed by U.S. District Judge Charles B. Kornmann on 03/17/2015. (SAT)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION

PILED

MAR I 9 2015

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1:14-CV-1004-CBK

JUSTIN BIRDHORSE,

Plaintiff,
vs.

ORDER DENYING PETITION FOR WRIT
OF CORAM NOBIS

United States of America,

Defendant.

Petitioner pleaded guilty to sexual abuse of a person incapable of consenting and was
sentenced to 276 months custody. The United States Court of Appeals for the Eighth Circuit
affirmed. United States v. Birdhorse, 701 F.3d 548 (8th Cir. 2012). Petitioner filed a motion to
vacate, set aside, or correct sentence which was denied. Birdhorse v. United States, 2014 WL
1330904 (D.S.D. 2014). He filed a motion in the Eighth Circuit to file a second or successive
habeas petition which motion is still under consideration. He filed in the district court a petition
for a writ of error coram nobis to vacate his conviction and sentence, CIV 15-1018, which was
denied. He has now filed a second petition for a writ of error coram nobis, dated the same date
and in all respects a duplicate to the petition which was filed three weeks ago in CIV 15-1018.
As set forth in my order denying the petition for a writ of error coram nobis in
CIV 15-1018, Doc. 3, petitioner is not entitled to challenge his convictions and sentence through
a writ of error coram nobis.
Now, therefore,
IT IS ORDERED that the petition, Doc. 17, for a writ of error coram nobis is denied.
DATED this /

7 ~ofMarch, 2015.

BY THE COURT:

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United States District Judge