United States of America, Plaintiff-appellee, v. David Lee Alexander, Defendant-appellant, 145 F.3d 1341 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 145 F.3d 1341 (9th Cir. 1998) May 22, 1998

Appeal from the United States District Court for the District of Nevada.

Before: SCHROEDER, TROTT, and FERNANDEZ, Circuit Judges.

MEMORANDUM* 

PRO, J., Presiding

Submitted May 13, 1998** 

David Lee Alexander, a federal prisoner, appeals pro se the district court's denial of his coram nobis petition pursuant to the All Writs Act, 28 U.S.C. § 1651, to vacate his 1982 bank robbery conviction. He contends that he is entitled to coram nobis relief because the district court lacked jurisdiction to prosecute him under 18 U.S.C. § 2113(a), his guilty plea was invalid, and counsel was ineffective in failing to raise these two issues. Alexander did not qualify for a writ of coram nobis because he still was serving his term of parole when the district court denied relief. See United States v. Span, 75 F.3d 1383, 1386 & n. 5 (9th Cir. 1996) (coram nobis relief not available for petitioner in custody); Estate of McKinney v. United States, 71 F.3d 779, 781 (9th Cir. 1995) (same).

AFFIRMED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

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