U.S. Court of Appeals for the Fifth Circuit, 2004

Beadles v. United States

Beadles v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided April 20, 2004 · Jolly, Jones, Per Curiam, Smith
95 F. App'x 549

Beadles v. United States

Opinion

PER CURIAM. *

Joe Haven Beadles, formerly federal prisoner # 04049-078, appeals the district court’s denial of his petition for a writ of error coram nobis challenging his convictions for conspiracy to commit mail and wire fraud and for money laundering. Beadles argues that the indictment was constructively amended, that the indictment was insufficient, and that the evidence was insufficient to support his convictions.

Because Beadles is raising his arguments that the indictment was constructively amended and that it was insufficient for the first time on appeal, we do not address them, except to note that his assertion that the indictment was insufficient was previously rejected in this court’s decision affirming the district court’s denial of relief under 28 U.S.C. § 2255. See Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999); United States v. Beadles, No. 99-40044, 1999 WL 1338391 (5th Cir. Dee. 22, 1999) (unpublished). To the extent that Beadles challenges the sufficiency of the evidence to support his convictions, his eonclusory arguments, which are not supported by any record evidence, do not establish the exceptional circumstances warranting coram nobis relief. See Jimenez v. Trominski, 91 F.3d 767, 768 (5th Cir. 1996). Additionally, this issue also was decided against Beadles in the decision affirming the denial of his 28 U.S.C. § 2255 motion. See Beadles, No. 99-10044, slip op. at 2, 1999 WL 1338391.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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