From Casetext: Smarter Legal Research

In re Fiorani

United States Court of Appeals, Fourth Circuit
Oct 8, 2010
396 F. App'x 924 (4th Cir. 2010)

Opinion

No. 10-1935.

Submitted: September 30, 2010.

Decided: October 8, 2010.

On Petition for Writ of Coram Nobis. (1:98-cr-00340-JCC-1).

Rosario A. Fiorani, Jr., Petitioner Pro Se.

Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Rosario A. Fiorani, Jr., petitions this court for a writ of error coram nobis pursuant to 28 U.S.C. § 1651(a) (2006). In his petition, Fiorani alleges that his conviction is unconstitutional and seeks an order from this court vacating his conviction.

A writ of error coram nobis can be used to vacate a conviction when there is a fundamental error resulting in conviction, and no other means of relief is available. See United States v. Denedo, ___ U.S. ___, 129 S.Ct. 2213, 2221, 173 L.Ed.2d 1235 (2009). But see Carlisle v. United States, 517 U.S. 416, 429, 116 S.Ct. 1460, 134 L.Ed.2d 613 (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.") The remedy is also limited to petitioners who are no longer in custody pursuant to their conviction. See Carlisle, 517 U.S. at 429, 116 S.Ct. 1460.

Fiorani's petition seeks to challenge his federal conviction, raising claims that have been repeatedly presented in Fiorani's post-conviction motions, and rejected by this court. We conclude that Fiorani fails to establish that his conviction is invalid. Accordingly, although we grant Fiorani leave to proceed in forma pauperis, we deny the petition for a writ of error coram nobis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED.


Summaries of

In re Fiorani

United States Court of Appeals, Fourth Circuit
Oct 8, 2010
396 F. App'x 924 (4th Cir. 2010)
Case details for

In re Fiorani

Case Details

Full title:In re: Rosario A. FIORANI, Jr., Petitioner

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 8, 2010

Citations

396 F. App'x 924 (4th Cir. 2010)

Citing Cases

U.S. v. Mickens

Furthermore, a writ of error coram nobis is available only when the Defendant is not in custody. See In re…

Biedrzycki v. O'Brien

Reasserting claims already rejected by the Court in other post- conviction motions does not constitute a…