Ernest Lopez v. United States

Lopez appeals from a judgment of the district court denying his motion like that for a writ of error coram nobis to set aside a sentence on the felony of conspiracy under old Title 18 U.S.C. § 88 , the conspiracy being to violate old Title 18 U.S.C. § 101 in the receiving of property stolen from the United States. The motion was denied without taking evidence on the grounds that its allegations failed to state a case warranting such consideration because the same contentions had been disposed of adversely to him in a prior proceeding.

There is an obvious question as to the jurisdiction of the district court to entertain the motion in the nature of a writ of error coram nobis. On May 5, 1954, when Lopez filed his motion, he was in the penitentiary serving four consecutive sentences! one of which for two years, adjudged on July 30, 1943, and which' he had served, he now attacks. If successful he still would have been confined on the other sentences until October 1954. The question is whether the district court had jurisdiction to consider the motion on its merits where it would afford Lopez no immediate relief from confinement.

The case of United States v. Morgan, 346 U.S. 502 ,…