In Re: Yve Blanc ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1214
In re: YVE BLANC,
Petitioner.
On Petition for Extraordinary Writ. (7:06-cr-00402-TMC-1)
Submitted: April 18, 2019 Decided: April 23, 2019
Before WILKINSON, MOTZ, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Yve Blanc, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Yve Blanc petitions this Court for a writ of error coram nobis pursuant to
28 U.S.C. § 1651(a) (2012) and Fed. R. App. P. 21. A writ of error coram nobis can be
used to vacate a conviction when there is a fundamental error resulting in conviction and
no other means of relief is available. See United States v. Denedo, 556 U.S. 904, 911
(2009); United States v. Swaby, 855 F.3d 233, 238 (4th Cir. 2017). But see Carlisle v.
United States, 517 U.S. 416, 429 (1996) (noting that “it is difficult to conceive of a
situation in a federal criminal case today where a writ of coram nobis would be necessary
or appropriate” (brackets and internal quotation marks omitted)). We conclude that
Blanc fails to establish that he is entitled to a writ of error coram nobis. See United
States v. Akinsade, 686 F.3d 248, 252 (4th Cir. 2012) (setting forth requirements for
issuance of writ). Accordingly, although we grant Blanc leave to proceed in forma
pauperis, we deny his petition and deny his motion to appoint counsel. We dispense with
oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
PETITION DENIED
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