Gabriel Nunez v. United States

Summary

The United States District Court for the Middle District of Georgia dismissed Gabriel Nunez’s petition seeking coram nobis relief from his Georgia state convictions. The court held that federal courts lack jurisdiction to use a writ of error coram nobis to attack a state criminal judgment and noted that any claims concerning federal counsel must be raised in Nunez’s pending 28 U.S.C. § 2255 proceeding.

Holdings

1. A federal court may not issue a writ of error coram nobis as a means of attacking a state criminal judgment.

Questions Presented

1. Whether a federal court may use a writ of error coram nobis under the All Writs Act to attack state criminal convictions.
2. Whether the court had subject-matter jurisdiction over Nunez's challenge to his state convictions.

Disposition

dismissed