United States v. Larry L. Thompson , 1 F. App'x 565 ( 2001 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    Nos. 00-1201/1204
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeals from the United States
    v.                                 * District Court for the
    * District of Minnesota.
    Larry Leonard Thompson,                  *
    *     [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: December 28, 2000
    Filed: January 9, 2001
    ___________
    Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges.
    ___________
    PER CURIAM.
    In appeal No. 00-1201, Larry Thompson challenges the district court’s1 denial
    of his petition for a writ of error coram nobis, in which he attacked the restitution
    imposed in his 1988 convictions for mail and wire fraud. Thompson could have raised
    this issue on direct appeal, but did not; we conclude that having failed to do so, he
    cannot raise it through this petition. See Azzone v. United States, 
    341 F.2d 417
    , 419
    (8th Cir. 1965) (per curiam) (“Coram nobis may not be used as a substitute for an
    1
    The Honorable James M. Rosenbaum, United States District Judge for the
    District of Minnesota.
    appeal.”), cert. denied, 
    381 U.S. 943
    (1965) and 
    390 U.S. 970
    (1968); Lipscomb v.
    United States, 
    273 F.2d 860
    , 865 (8th Cir.) (“It is well established that Writ of Error
    Coram Nobis . . . will not lie where there is another adequate remedy, as by motion for
    new trial or appeal.”), cert. denied, 
    364 U.S. 836
    (1960).
    In appeal No. 00-1204, Thompson challenges the district court’s denial of his
    motion for an extension of time to appeal the denial of his motion to supplement the
    record, and the court’s denial of his motion for an extension of time to file a reply to
    the government’s response to his writ petition. Having carefully reviewed the record,
    we summarily affirm the court’s orders in these matters. See 8th Cir. R. 47B.
    Accordingly, we affirm the judgment of the district court.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 00-1201, 00-1204

Citation Numbers: 1 F. App'x 565

Judges: Arnold, Hansen, Bye

Filed Date: 1/9/2001

Precedential Status: Non-Precedential

Modified Date: 11/5/2024