Legal Opinion

Embrey v. United States

Court of Appeals for the Tenth Circuit

Decided July 9, 2007No. 07-7031PublishedCited by 4 opinions

1Opinion of the Court

ORDER AND JUDGMENT*

NEIL M. GORSUCH, Circuit Judge.

William J.R. Embrey, proceeding pro se, seeks a writ of coram nobis challenging his 1969 federal bank-robbery conviction. Construing his petition with the liberality it is due, see Erickson v. Pardus, — U.S. -, 127 S.Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir.2007), Mr. Embrey suggests his aged conviction rests on a violation of the federal structure of our Constitution. Because, among other defects, the writ of coram nobis is not a proper vehicle for (re)litigating years- or decades-later issues…

2Cases cited15 opinions

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. United States v. MorganSupreme Court of the United States · 1954
  3. Carlisle v. United StatesSupreme Court of the United States · 1996
  4. Andrews v. HeatonCourt of Appeals for the Tenth Circuit · 2007
  5. Diane Barnickel v. United StatesCourt of Appeals for the Seventh Circuit · 1997

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. PayneCourt of Appeals for the Tenth Circuit · 2011
  2. Bakhtiari v. United StatesDistrict Court, E.D. Missouri · 2025
  3. Embrey v. United StatesDistrict Court, District of Columbia · 2022
  4. Guerrero v. United StatesDistrict Court, D. Utah · 2023

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