United States v. William Sams Appeal of Victor Carlucci

OPINION OF THE COURT

ADAMS, Circuit Judge.

The two principal issues to be resolved on this appeal are:

1. Whether a district court may, on a coram nobis petition, annul a conviction under the federal wagering tax statutes when the conviction is based on a guilty plea entered prior to the time the Supreme Court held that the privilege against self incrimination furnished a complete defense against such charges; and

2. Whether the petition here presents a claim for the return of the fine imposed as a result of a conviction under the wagering tax statutes that is barred by the statute of limitations.