Summary
In EEOC v. General Dynamics Corp., 99 F.2d 113, 119 (5th Cir. 1993), we affirmed the admission of "arguably not relevant" evidence that the plaintiff had filed prior discrimination lawsuits against his employers.
Summary of this case from Vance v. Union Planters Corp.Opinion
No. 8865.
September 19, 1938.
Appeal from the District Court of the United States for the District of Oregon; James Alger Fee, Judge.
T.J. Audette was convicted of transporting a stolen automobile from one state to another knowing it to have been stolen, and from an order denying an application to set aside and vacate the judgment, T.J. Audette appeals.
Affirmed.
T.J. Audette, pro. per.
Carl C. Donaugh, U.S. Atty., and M.B. Strayer and J. Mason Dillard, Asst. U.S. Attys., all of Portland, Or.
Before WILBUR, HANEY, and HEALY, Circuit Judges.
This is an appeal from an order denying an application made to the District Court to set aside and vacate a judgment of conviction. The application was made after the time for an appeal had expired. The basis of the application was the claim that the indictment did not state facts sufficient to constitute the public offense of transporting a stolen automobile from one state to another knowing that it was stolen. The indictment was not defective in the failure to state an offense, but, were it so, the application was too late. The remedy for the alleged defect was by an appeal from the judgment. That the application was in form an application for a writ coram nobis did not clothe the court with power to vacate its final judgment. The nature of this writ is discussed by the Supreme Court of California in People v. Mooney, 178 Cal. 525, 174 P. 325, to which we refer.
Judgment affirmed.