Richard Bower v. United States

United States Court of Appeals
For the Eighth Circuit
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No. 14-3174
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Richard Bower
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: January 7, 2015
Filed: January 8, 2015
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Arkansas prisoner Richard Bower appeals the district court’s1 dismissal of his
pleading seeking to vacate two prior federal convictions. Because he sought to vacate
1
The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
convictions for which he is no longer serving the sentences, we conclude his pleading
was a petition for a writ of error coram nobis. See Kandiel v United States,
964 F.2d 794, 796 (8th Cir. 1992) (per curiam) (motion seeking to vacate conviction
where sentence was already expired should be treated as coram nobis petition).
Because Bower must seek such relief in the district courts where he was sentenced on
the convictions he seeks to vacate, dismissal was appropriate. See Mustain v.
Pearson, 592 F.2d 1018, 1021 (8th Cir. 1979) (per curiam) (petition for writ of error
coram nobis may be filed only in court where alleged errors occurred).
Accordingly we affirm.
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