David Lowell Rewak v. United States

OPINION

JAMES M. CARTER, Circuit Judge.

Petitioner David Lowell Rewak brought this petition for a writ of error coram nobis, alleging that he had been improperly sentenced pursuant to 18 U.S.C. § 3651 at a time when he was eligible for sentencing as a youth offender under 18 U.S.C. § 5010. Because his sentence had been completed in 1965, petitioner invoked the jurisdiction of the district court under the All Writs Statute, 28 U.S.C. § 1651. The district court denied the writ and petitioner brought this appeal. We reverse and remand for resentencing.

In 1963, petitioner was convicted of…