Waldron

MEMORANDUM *

Walter Wayne Waldron (‘Waldron”) appeals the denial of his petition for a writ of error coram nobis. The jury convicted Waldron of violating 31 U.S.C. §§ 5316 and 5322, which collectively impose penalties for importing or exporting cash over $10,000 without reporting it. Waldron had gone to Mexico from the United States with $36,089. The jury then found he should forfeit $26,089 under 18 U.S.C. § 982 (a)(1) which, at that time, allowed forfeiture of funds “involved in” violations of 31 U.S.C. § 5316 .

The Supreme Court’s opinion in United States v. Bajakajian, 524 U.S. 321 , 118 S.Ct. 2028 , 141 L.Ed.2d 314 (1998), appears to apply here. 1 Bajakajian held that forfeitures under 18 U.S.C. § 982 (a)(1) violate the Excessive Fines Clause only if they are grossly disproportionate to the defendant’s culpability. 524 U.S. at 333-34 , 118 S.Ct. 2028 . As a change to the scope and application of a substantive criminal statute, it is not barred by Teague.

*767 Coram nobis relief can be granted only if four requirements are met: (1) a more usual remedy is not available; (2) valid reasons exist for not attacking the conviction earlier; (3) adverse consequences exist from the…