Rabban

MEMORANDUM **

Rabban is not in custody, so we construe his petition as a writ of error coram nobis, and we review de novo the district court’s denial of his petition for relief.

Rabban first argues that the district court failed to explain adequately the nature and elements of the charge of aiding and abetting in a violation of 18 U.S.C. *714 § 1014 . 2 We disagree. The district court explained the nature and consequences of the charges, and also warned Rabban that a conviction “could cause the state authorities to revoke [his] real estate broker’s license.” Rabban said he understood this. The district court also correctly found an adequate factual basis on which to accept Rabban’s guilty plea, as the evidence before the district court showed that Rabban and his co-defendant acted with knowledge that their false statements would be submitted on a loan application to the FDIC. 3 The district court thus complied with the requirements of Fed.R.Crim.P. 11(c) and 11(f).

Rabban’s claim of actual innocence similarly fails. To show actual innocence in a collateral proceeding, a petitioner must present “new reliable evidence” and must “show that it is more likely than not that no…