United States v. Munoz

* 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that this opinion should not be published and is not precedent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. 01-50260
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL RIOJAS MUNOZ, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-93-CR-136-3
--------------------
December 3,2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Manuel Riojas Munoz, Jr., federal prisoner #65177-080, has
filed a letter disputing the applicability of the certificate-of-
appealability (COA) requirement to his appeal from the denial of
a petition for a writ of coram nobis. Because Munoz is appealing
the denial of coram nobis relief under 28 U.S.C. § 1651, he does
not need a COA in order for his appeal to proceed. See 28 U.S.C.
§ 2253(c)(1). To the extent his letter requests a waiver of the
COA requirement, his request is DENIED AS UNNECESSARY. We
conclude, however, that the district court properly denied

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No. 01-50260
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Munoz’s petition for a writ of coram nobis given that he is still
in custody for his offenses of conviction. See United States v.
Hatten, 167 F.3d 884, 887 n.6 (5th Cir. 1999). Accordingly, we
dispense with any further briefing and DISMISS his appeal as
FRIVOLOUS. See 5TH CIR. R. 42.2.

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