United States v. Lyn ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30591
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEVE OLIVER LYN, also known as Steve Lyn, also known as
Christopher Lyn,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 92-CR-60054-2
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Steve Oliver Lyn, federal inmate # 23285-034, appeals the
district court’s denial of his petition for writ of error coram
nobis. He also moves this court for expedition of his appeal.
Lyn contends that his 1992 conviction for conspiracy to import
marihuana should be vacated because the district court violated
Fed. R. Crim. P. Rule 11 and that he should be released
immediately from custody.
*
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that this opinion should not be published and is not precedent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.
No. 00-30591
-2-
The district court did not err in denying Lyn’s petition for
writ of error coram nobis. See United States v. Drobny, 955 F.2d
990, 996 (5th Cir. 1992) (a writ of error coram nobis is the
appropriate procedural vehicle for attacking a conviction when a
defendant is no longer in custody). Accordingly, Lyn’s appeal is
DISMISSED as frivolous and his motion to expedite the appeal is
DENIED as moot. See 5th Cir. R. 42.2.