Richard Bower v. United States

588 F. App'x 520

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 8, 2015
• Docket: 14-3174
• Status: Unpublished

Opinion

PER CURIAM.

Arkansas prisoner Richard Bower appeals the district court’s 1 dismissal of his pleading seeking to vacate two prior federal convictions. Because he sought to vacate 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

1 . The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.