U.S. v. Funderburk, 3:18-cr-00047-MOC-DCK. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180605a82
Visitors: 17
Filed: Jun. 01, 2018
Latest Update: Jun. 01, 2018
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on defendant's Motion to Vacate Conviction and Petition for Writ of Coram Nobis . Having determined, procedurally, that the petition and motion has been improperly filed in this matter — but that it has properly been filed in 3:04cr121 — the petition and motion herein will be denied without prejudice for the reasons discussed in 3:04cr121. Defendant is advised to file at the appropriate time herein the substance
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on defendant's Motion to Vacate Conviction and Petition for Writ of Coram Nobis . Having determined, procedurally, that the petition and motion has been improperly filed in this matter — but that it has properly been filed in 3:04cr121 — the petition and motion herein will be denied without prejudice for the reasons discussed in 3:04cr121. Defendant is advised to file at the appropriate time herein the substance o..
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ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the Court on defendant's Motion to Vacate Conviction and Petition for Writ of Coram Nobis. Having determined, procedurally, that the petition and motion has been improperly filed in this matter — but that it has properly been filed in 3:04cr121 — the petition and motion herein will be denied without prejudice for the reasons discussed in 3:04cr121. Defendant is advised to file at the appropriate time herein the substance of such issue in the form of an Objection to the criminal history determination in the draft PSR and as a protective Motion for Variance.
ORDER
IT IS, THEREFORE, ORDERED that defendant's Motion to Vacate Conviction and Petition for Writ of Coram Nobis (#20) is DENIED without prejudice.
Source: Leagle
