In re: Fiorani v. ( 2010 )

Certiorari dismissed, May 16, 2011
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1935
In Re: ROSARIO A. FIORANI, JR.,
Petitioner.
On Petition for Writ of Coram Nobis.
(1:98-cr-00340-JCC-1)
Submitted: September 30, 2010 Decided: October 8, 2010
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rosario A. Fiorani, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rosario A. Fiorani, Jr., petitions this court for a
writ of error coram nobis pursuant to 28 U.S.C. § 1651(a)
(2006). In his petition, Fiorani alleges that his conviction is
unconstitutional and seeks an order from this court vacating his
conviction.
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, 129 S. Ct. 2213, 2221 (2009). But see
Carlisle v. United States, 517 U.S. 416, 429 (1996) (noting “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.”) The remedy is also limited to petitioners who
are no longer in custody pursuant to their conviction. See
Carlisle, 517 U.S. at 429.
Fiorani’s petition seeks to challenge his federal
conviction, raising claims that have been repeatedly presented
in Fiorani’s post-conviction motions, and rejected by this
court. We conclude that Fiorani fails to establish that his
conviction is invalid. Accordingly, although we grant Fiorani
leave to proceed in forma pauperis, we deny the petition for a
writ of error coram nobis. We dispense with oral argument
because the facts and legal contentions are adequately presented
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in the materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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