Carl McFadden v. United States

GIBSON, Circuit Judge.

This is an appeal from the denial of a writ of error coram nobis under 28 U.S.C. § 1651 (All-Writs Section) to vacate the petitioner’s 1957 narcotics convictions. Petitioner Carl McFadden was convicted in 1957 of three violations each of 21 U.S.C. § 174 and 26 U.S.C. § 4705(a) and given six concurrent five-year sentences. No appeal was taken. McFadden served these sentences and was released from custody over eight years ago.

In 1966 he was convicted on two counts of violating 26 U.S.C. § 4704(a) and two counts of violating 26 U.S.C. § 4705(a). He was sentenced by Chief…