· 5/18/1992
Mohammed Ibrahim Kandiel A/K/A Jeff Soun Howard v. United States
Citations
- 964 F.2d 794
- 1992 U.S. App. LEXIS 10929
- 1992 WL 102324
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that in a federal criminal case, a defendant who is no longer in custody may be able to challenge his conviction by means of a petition for writ of coram nobis
- stating that in a federal criminal case, a defendant who is no longer in custody may be able to challenge his conviction by means of a petition for writ of coram nobis
- denying relief where petitioner “failed to show that coram nobis relief is required to achieve justice”
- fact that conviction rendered petitioner ineligible for record expungement not sufficient to render “in custody” for purposes of habeas review
- “Because Kandiel’s sentence was fully expired by the time he filed his section 2255 motion and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not ‘in custody for puqposes of section 2255.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fagg, Beam, Hansen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.