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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1485 ___________________________ Harry Meyer Katz lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 31, 2012 Filed: November 30, 2012 [Unpublished] ____________ Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Former federal inmate Harry Katz appeals the district court’s1 denial of his petition for a writ of error coram nobis. We agree with the court that Katz may not 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. raise in a coram nobis petition the same claims that he previously litigated in his
28 U.S.C. § 2255motion. See Sawyer v. Whitley,
505 U.S. 333, 338 (1992) (successive habeas petition raising identical grounds as prior petition must generally be dismissed); United States v. Comacho-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) (coram nobis petitioner is not entitled to review of issues that were considered 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. ______________________________ -2-
Document Info
Docket Number: 12-1485
Citation Numbers: 494 F. App'x 679
Judges: Melloy, Per Curiam, Shepherd, Wollman
Filed Date: 11/30/2012
Precedential Status: Non-Precedential
Modified Date: 8/5/2023