United States v. Baker

No. 98-20651
-1-
* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20651
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN F. BAKER, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC Nos. H-97-CV-1355
H-93-CR-121-2
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
John F. Baker, Jr., appeals the denial of his petition for
writ of coram nobis. He argues that the indictment was defective
and that the Government withheld favorable evidence in violation
of Brady v. Maryland, 373 U.S. 83 (1963).
The writ of coram nobis is an “extraordinary remedy,”
available to a petitioner no longer in custody who seeks to
vacate his conviction. United States v. Castro, 26 F.3d 557, 559
(5th Cir. 1994) (citation omitted). To obtain coram nobis

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No. 98-20651
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relief, the petitioner must demonstrate (1) that he is suffering
civil disabilities as a consequence of the criminal conviction
and (2) that the challenged error is of sufficient magnitude to
justify the extraordinary relief. Id.; United States v.
Marcello, 876 F.2d 1147, 1154 (5th Cir. 1989). The remedy of
coram nobis “should issue to correct only errors which result in
a complete miscarriage of justice.” Marcello, 876 F.2d at 1154
(citation omitted). “An error of ‘the most fundamental
character’ must have occurred and no other remedy may be
available.” Id. (citation omitted).
Baker has failed to show that the challenged errors are of
sufficient magnitude to justify extraordinary relief. The
judgment of the district court is AFFIRMED.

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