In re: Herman Felton, Jr.

24-1452Court of Appeals for the Fourth Circuit27 giu 2024

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1452
In re: HERMAN FELTON, JR.,
Petitioner.
On Petition for Writ of Error Coram Nobis to the United States District Court for the
Eastern District of North Carolina, at Elizabeth City. (2:21-cr-00006-D-1; 2:23-cv-00002-
D)
Submitted: June 25, 2024 Decided: June 27, 2024
Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Herman Felton, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Herman Felton, Jr., petitions this court for a writ of error coram nobis pursuant to
the All Writs Act, 28 U.S.C. § 1651(a), contesting the validity of his conviction for
possession of a stolen firearm. A writ of error coram nobis is an extraordinary remedy
available only when the petitioner demonstrates a fundamental error for which a more usual
remedy is not available and that he had valid reasons for not attacking the conviction
earlier. United States v. Lesane, 40 F.4th 191, 197 (4th Cir. 2022). We conclude that
Felton fails to establish he is entitled to a writ of error coram nobis. Accordingly, we deny
his petition. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
PETITION DENIED

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