Shelby v. United States

ORR, Senior Judge:

A Petition for Extraordinary Relief was filed with this Court on 22 August 1994 seeking the issuance of an order vacating the petitioner’s special court-martial conviction, which occurred almost 7 years ago. Although it appears we may have the discretionary authority to hear this petition in aid of our jurisdiction under the All Writs Act, 28 U.S.C. § 1651(a), for the reasons explained below, we decline to issue such an order.

To establish a basis for jurisdiction under the All Writs Act, the petitioner has asserted a facially meritorious challenge to the integrity of the…