United States First Circuit

In a case in which an individual had his retirement benefits suspended due to his conviction for participation in a conspiracy to commit honest-services wire fraud, the district court's denial of a petition for a writ of error coram nobis challenging the conviction is affirmed, where: 1) the continuing collateral consequences requirement remains part of the analytic framework that pertains in coram nobis cases; 2) the circumstances of the case did not warrant an affirmative exercise of the court's discretion to grant the writ; and 3) although Skilling v. United States, 130 S. Ct. 2896 (2010), rendered the information in the case factually insufficient, it did not divest the district court of subject matter jurisdiction.

Appellate Information

• Decided 04/17/2012
• Published 04/17/2012

Judges

• Selya

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bruce T. Macdonald, S. Theodore Merritt