USA vs. Eads, (5th Cir. 1997)
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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 96-10288 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN DARWIN EADS, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CV-368-E January 13, 1997 Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM: * John Eads (# 95443-131) has appealed the district c ourt§ 2255 and coram nobis relief relative to his conviction for violating 18 U.S.C. App. § 1202(a). He has served his sentence for this offense, but he contends that the conviction has adversely affected the federal bank robbery sentence that he is now serving and that it has other adverse consequences.
This action actually is one for § 2255 relief from the sentence for the bank robbery conviction. S ee Meleng v. Cook , 490 U.S. 488, 491-94 (1989). The district court did not err in denying § 2255 relie f because Eads failed to show that his bank robbery sentence was adversely aff ected by the prior conviction. S ee Hendrix v. Lynaugh , 888 F.2d 336, 337-38 (5th Cir. 1980) (28 U.S.C. 2254 habeas corpus case). Eads is not entitled to corum nobis relief relative to the § 1202(a) conviction because, even were that conviction declared invalid, it would have no effect on his current sentence. The enhancement of his bank robbery sentence was based on his committing that offense while released on bond for his § 1202(a) offense, not for the conviction itself. Eads has not shown that he is § 1202(a)] conviction[].” S ee United States v. Castro , 26 F.3d 557, 559 (5th Cir. 1994). For these reasons, the district courtÂ’s denial of relief is A F F I R M E D.
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2254 - Sec. 2254. State custody; remedies in Federal courts
- U.S. Supreme Court - Maleng v. Cook, 490 U.S. 488 (per curiam) (1989)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Marvin Castro, Defendant-Appellant., 26 F.3d 557 (5th Cir. 1994)
- U.S. Court of Appeals for the Fifth Circuit - Bruce Robert Hendrix, Petitioner-Appellant, v. James A. Lynaugh, Director Texas Department of Corrections, Respondent-Appellee. No. 88-1960. Summary Calendar., 888 F.2d 336 (5th Cir. 1989)
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