Grant v. United States
This text of Grant v. United States (Grant v. United States) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:16-CR-00145-RJC USA 3:19-CV-00501-RJC ) v. ) ORDER ) RICKY CARLOS GRANT (1) ) ) THIS MATTER is before the Court on the defendant’s pro se motion for writ of error coram nobis alleging a state conviction from 2005 is invalid because he was not advised of the maximum punishment for the offense nor the collateral consequences of his plea. (Doc. No. 272 at 1). That conviction was used to enhance his sentence in the instant case. (Id.). However, the defendant has not shown that he has exhausted his remedies in state court to challenge the conviction, which is required before a federal court issues such a writ. Sanderlin v. Smyth, 138 F.2d 729, 731 (4th Cir. 1943). IT IS, THEREFORE, ORDERED, that the defendant’s pro se motion, (Doc. No. 272), is DENIED. The Clerk is directed to certify copies of this order to the defendant, counsel for the defendant, and to the United States Attorney.
Signed: December 30, 2019
Robert J. Conrad, Jr. United States District Judge “ee
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Grant v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-united-states-ncwd-2019.