J. PAUL OETKEN, District Judge.
On July 26, 2018, Defendant Jose Luis Sierra-Naranjo ("Naranjo") filed a pro se petition under Federal Rule of Civil Procedure 60(b)(4) and the All Writs Act, 28 U.S.C. § 1651. (Dkt. No. 6.) The petition challenges his 1979 convictions for distribution of and possession with the intent to distribute a controlled substance in violation of 18 U.S.C. § 841(a)(1), and failure to appear before the court as required in violation of 18 U.S.C. § 3146 (at the time codified at 18 U.S.C. § 3150). (Dkt. No. 4.)
Rule 60(b) provides that "the court may relieve a party or its legal representative from a final judgment, order, or proceeding" for a number of reasons, including "mistake, inadvertence, surprise, or excusable neglect," "newly discovered evidence," and "fraud." Fed. R. Civ. P. 60(b). Naranjo seeks relief from judgment here on the basis that the judgment of his conviction was "void, ab initio" under Rule 60(b)(4). (Dkt. No. 6 at 1.)
However, "Rule 60(b) cannot afford [a defendant] relief from his judgment of conviction in a criminal case." Negron v. United States, 164 F. App'x 158, 159 (2d Cir. 2006); Grullon v. United States, No. 99 Civ. 1877, 2004 WL 1900340, at *4 (S.D.N.Y. Aug. 24, 2004). Rule 60(b) may be employed in relation to a criminal conviction only where there was been a habeas proceeding under 28 U.S.C. § 2255, and then only if used to "attack[] the integrity of the previous habeas proceeding rather than the underlying criminal conviction." Harris v. United States, 367 F.3d 74, 77 (2d Cir. 2004). In this case, Naranjo has not filed a previous § 2255 petition (Dkt. No. 11 at 5), and is in fact trying to challenge his underlying convictions. Therefore, to the extent his petition is premised on Rule 60(b), it is procedurally improper and must be dismissed. Negron, 164 F. App'x at 159; Grullon, 2004 WL 1900340, at *4.
Nor is Naranjo entitled to relief under the All Writs Act, 28 U.S.C. § 1651. Naranjo's petition seeks a writ of error coram nobis,
Importantly, however, "a petitioner cannot proceed under § 1651 when he `could have sought earlier relief through another mechanism such as a direct appeal or Section 2255.'" United States v. Holmes, 942 F.Supp.2d 412, 416 (S.D.N.Y. 2013) (quoting Eisa v. Immigration & Customs Enf't, No. 08 Civ. 6204, 2008 WL 4223618, at *5 (S.D.N.Y. Sept. 11, 2008)). "A petition for a writ of coram nobis may be `time barred if the petitioner cannot provide a justified reason for failure to seek appropriate relief at an earlier date.'" Hernandez, 283 F. Supp. 3d at 153 (S.D.N.Y. 2018) (quoting Cruz v. New York, No. 03 Civ. 9815, 2004 WL 1516787, at *4 (S.D.N.Y. July 6, 2004)). "[I]f petitioner does not proffer a sound reason for delay, `courts have held that such petition should be dismissed if its filing has been delayed for more than several years.'" Rodriguez v. United States, No. 98 Crim. 00764, 2012 WL 6082477, at *9 (S.D.N.Y. Dec. 4, 2012) (quoting Cruz, 2004 WL 1516787, at *4) (brackets omitted).
Here, the grounds on which Naranjo seeks to challenge his convictions—such as alleged conflicts of interest on the part of the judge and defects in the grand jury (Dkt. No. 6 at 2, 43-44)—are those that a defendant could reasonably be expected to raise on direct appeal or in a habeas petition. But the Government represents that Naranjo never sought to challenge his underlying convictions here through a direct appeal or under § 2255. (Dkt. No. 11 at 7.) And Naranjo offers no reason why he could not have sought relief earlier through those channels. Rather, his "petition fails even vaguely to suggest [this] essential element of a claim for relief" and the Court "is not required to overlook the deficiency." Fleming, 146 F.3d at 90.
Therefore, because Naranjo does not demonstrate "sound reasons . . . for failure to seek appropriate earlier relief," Hernandez, 283 F. Supp. 3d at 149, his request for coram nobis relief under § 1651(a) is denied.
For the foregoing reasons, Defendant's request to vacate his convictions is DENIED.
The Clerk of Court is directed to close the motion at Docket Number 6.
SO ORDERED.