USCA4 Appeal: 23-6829 Doc: 16 Filed: 12/27/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6829

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HARRINGTON CAMPBELL,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Senior District Judge. (1:07-cr-00232-CCB-1)

Submitted: December 19, 2023 Decided: December 27, 2023

Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Harrington Campbell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6829 Doc: 16 Filed: 12/27/2023 Pg: 2 of 3

PER CURIAM:

Harrington Campbell appeals the district court’s omnibus order denying without

prejudice Campbell’s petitions for a writ of error coram nobis, as well as his motions for

other forms of relief, and the court’s later order denying Campbell’s Fed. R. Civ. P. 59(e)

motion to alter or amend judgment. In relevant part, the court denied the coram nobis

petitions after acknowledging that Campbell advanced arguments related to his convictions

that were more properly brought under

, and that Campbell’s initial

§ 2255 motion was dismissed on timeliness grounds. Although Campbell was released

from prison in June 2022, he is still serving his supervised-release term and, as such, is

considered “in custody” for the purpose of § 2255. See United States v. Swaby,

(4th Cir. 2017). Because the more usual remedy is available, we agree with the

district court that Campbell cannot seek relief from his convictions through a coram nobis

petition. See United States v. Lesane,

, 195-96 (4th Cir. 2022). Finally,

because Campbell did not advance any viable bases for his Rule 59(e) motion, we discern

no abuse of discretion in the court’s denial of that motion. See United States v. Taylor,

(4th Cir. 2022) (providing standard of review).

Accordingly, we affirm the district court’s orders. United States v. Campbell,

No. 1:07-cr-00232-CCB-1 (D. Md. filed Apr. 24, 2023 & entered Apr. 25, 2023; May 9,

2023). We deny Campbell’s motion for a certificate of appealability (COA) and

supplemental motion for a COA; for transcripts at government expense; and to allow the

docket to reflect that the district court denied a COA in this case. We dispense with oral

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argument because the facts and legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional process.

AFFIRMED

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