Eugene Mathison v. United States

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 26, 2017
• Docket: 16-4285
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 16-4285 ___________________________

Eugene H. Mathison

lllllllllllllllllllll Plaintiff - Appellant

v.

United States of America

lllllllllllllllllllll Defendant - Appellee ___________________________

No. 16-4286 ___________________________

lllllllllllllllllllll Defendant - Appellee ____________

Appeals from United States District Court for the District of South Dakota - Sioux Falls ____________

Submitted: July 18, 2017 Filed: July 26, 2017 [Unpublished] ____________ Before COLLOTON, MURPHY, and KELLY, Circuit Judges. ____________

PER CURIAM.

In these consolidated cases, Eugene Mathison appeals following the district court’s1 denial of his petitions for coram nobis relief. Upon careful review, we conclude that the district court properly denied relief. See United States v. Camacho-Bordes, 94 F.3d 1168, 1173 (8th Cir. 1996) (standard of review; coram nobis writ should be granted only under circumstances compelling such action to achieve justice and to correct errors of most fundamental character); Azzone v. United States, 341 F.2d 417, 419-20 (8th Cir. 1965) (per curiam) (coram nobis petitioner not entitled to review of issues that were considered and resolved either on direct appeal or in 28 U.S.C. § 2255 motion). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1 The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota.

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