United States v. Ocie Mills

FARRIS, Circuit Judge:

We decide whether the defendants-ap-pellees, Ocie Mills and Carey Mills, may seek extraordinary relief by way of a writ of coram nobis based on their allegation that jurors in their criminal trial considered extrinsic evidence. We reverse and remand for entry of judgment for the government.

The material facts are undisputed. In 1989, following a jury trial, the Millses, father and son, were convicted of discharging pollutants and unlawfully excavating a canal in the waters of the United States, in violation of the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Rivers…