United States First Circuit

Grant of writ of error coram nobis to inmate petitioner, which vacated petitioner's original sentence on the grounds that ten years earlier the court had illegally sentenced him to life imprisonment, is reversed where: 1) the substance of the petition falls under U.S.C. Section 2255(a) habeas corpus petition; 2) a 2255 petition is unauthorized by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and 3)according to US v. Barrett, the writ of coram nobis may not be used to circumvent the clear congressional directive embodied in the 'second of successive' provisions of Section 2255. District court is directed to reinstate original sentence.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• SELYA, Circuit Judge., Before HOWARD and SELYA, Circuit Judges, and STAFFORD, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Dina Michael Chaitowitz, Assistant United States Attorney, were on brief, for the United States., Joan M. Griffin and Corey A. Salsberg, by appointment of the court, with whom McDermott, Will & Emery LLP was on brief, for Alfred W. Trenkler.