Opinion
Case No. 05-80955.
September 3, 2009
ORDER
This is a criminal case. On August 3, 2007, defendant pled guilty to conspiracy to launder monetary instruments. Defendant did not file a direct appeal. Defendant is currently serving the 70 month sentence imposed on her on September 22, 2008. Defendant has filed a petition styled
Browen Files For A Writ Of Coram Nobis And/Or Audita Querela Under Section 1651, Of Title 28 United States Code, "The All Writ Act"
Defendant says "the indictment fails to state an offense, and renders the conviction in this matter unconstitutional." Defendant is wrong; the petition is DENIED.
As pointed out by the government, coram nobis relief is available only to a petitioner who is no longer in custody. Because defendant is still in custody serving her sentence, she is not entitled to this relief. Moreover, Count Ten of the indictment, to which petitioner pled guilty, tracks the statutory language. This is sufficient to state an offense. United States v. Santos, 128 S. Ct. 2020 (2008), on which defendant relies, does not deal with the sufficiency of an indictment and therefore is not a basis for relief.
SO ORDERED.