Baranski v. United States

A coram nobis petitioner whose motion for 28 U.S.C. 2255 relief was denied while he was in custody must obtain authorization from a three-judge panel of the court of appeals in accordance with section 2244(b)(3)(B). The Antiterrorism and Effective Death Penalty Act's (AEDPA) restrictions on the grant of successive relief set forth in section 2255(h)(1) and (2) limit the grant of coram nobis relief to a petitioner whose motion for section 2255 relief was denied while he was still in custody. In this case, the Eighth Circuit affirmed the district court's denial of petitioner's post conviction motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. Petitioner was convicted of conspiracy to import machine guns from Eastern Europe by submitting forms with false entries to the ATF and sentenced to sixty months in prison and three years of supervised release. The court held that the district court did not abuse its discretion by concluding that there was no fundamental error in petitioner's case that warranted issue of the writ. View "Baranski v. United States" on Justia Law