Harry Katz v. United States

U.S. Court of Appeals for the Eighth Circuit
Harry Katz v. United States, 494 F. App'x 679 (8th Cir. 2012)

Harry Katz v. United States

Opinion

PER CURIAM.

Former federal inmate Harry Katz appeals the district court’s 1 denial of his petition for a writ of error coram nobis. We agree with the court that Katz may not raise in a coram nobis petition the same claims that he previously litigated in his 28 U.S.C. § 2255 motion. See Sawyer v. Whitley, 505 U.S. 333, 338, 112 S.Ct. 2514, 120 L.Ed.2d 269 (1992) (successive habeas petition raising identical grounds as prior petition must generally be dismissed); United States v. Camacho-Bordes, 94 F.3d 1168, 1173 (8th Cir. 1996) (coram nobis relief is substantially equivalent to habeas relief, and principles barring successive petitions apply); Azzone v. United States, 341 F.2d 417, 418-19 (8th Cir. 1965) (per curiam) (eoram nobis petitioner is not entitled to review of issues that were consid *680 ered and resolved either on direct appeal or in § 2255 motion): We also find that the district court did not err in denying the petition without a hearing or discovery. Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri.

Reference

Full Case Name
Harry Meyer KATZ, Petitioner-Appellant v. UNITED STATES of America, Respondent-Appellee
Status
Unpublished