USCA11 Case: 21-11177 Date Filed: 11/16/2021 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 21-11177 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHNNY BRETT GREGORY,

Defendant -Appellant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 4:06-cr-00010-WMR-WEJ-1 ____________________ USCA11 Case: 21-11177 Date Filed: 11/16/2021 Page: 2 of 2

2 Opinion of the Court 21-11177

Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and BRANCH, Circuit Judges. PER CURIAM: Johnny Gregory, a former federal prisoner, appeals pro se the denial of his petition for a writ of error coram nobis. 28 U.S.C. § 1651(a). We affirm. The district court did not abuse its discretion when it denied Gregory’s petition. The district court may issue a writ of error co- ram nobis only if “there is and was no other available avenue of relief” and “the error involves a matter of fact of the most funda- mental character which has not been put in issue or passed upon and which renders the proceeding itself irregular and invalid.” Alikhani v. United States, 200 F.3d 732, 734 (11th Cir. 2000). Greg- ory does not dispute, and our review of the record confirms, that he made no “cogent argument as to why he is entitled to [coram nobis] relief.” See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). In addition, while a petitioner may use the writ of coram nobis “to vacate a conviction when [he] has served his sentence and is no longer in custody,” United States v. Peter, 310 F.3d 709, 712 (11th Cir. 2002), Gregory is ineligible for relief under the writ be- cause he is still serving his term of supervised release. We AFFIRM the denial of Gregory’s petition for a writ of error coram nobis.