Legal Opinion

Daniel Acosta v. United States

Court of Appeals for the Fifth Circuit

Decided September 30, 2014No. 13-11348Unpublished

1Opinion of the Court

PER CURIAM: *

Daniel Acosta, federal prisoner # 44323-048, appeals from an order of the district court dismissing his petition for a writ of coram nobis. He seeks to challenge his conviction and sentence for possession with intent to distribute 500 grams or more of methamphetamine.

The district court dismissed Acosta’s co-ram nobis petition based on a finding that the writ is not available if the petitioner is in custody and because the relief Acosta seeks is available under 28 U.S.C. § 2255. However, in his appellate brief, Acosta does not mention, much less provide any relevant argument…

2Cases cited5 opinions

  1. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
  2. Howard v. KingCourt of Appeals for the Fifth Circuit · 1983
  3. United States v. BandaCourt of Appeals for the Fifth Circuit · 1993
  4. Woodrow Barksdale, II v. John T. King, Secretary, Department of Corrections, LouisianaCourt of Appeals for the Fifth Circuit · 1983
  5. United States v. MillerCourt of Appeals for the Fifth Circuit · 2010

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