Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Henton v. United States

United States District Court, E.D. Michigan, Southern Division

July 17, 2019

Duron W. Henton, Petitioner,
v.
United States of America, Respondent.

          ORDER DENYING PETITION FOR WRIT OF ERROR CORAM NOBIS

          Victoria A. Roberts United States District Judge.

         Before the Court is Duron W. Henton's (“Henton”) Petition for Writ of Error Coram Nobis. For the reasons explained, the Court DENIES the petition.

         BACKGROUND

         On October 23, 2003, Henton pled guilty to: (1) possession with intent to distribute marijuana and cocaine, and (2) possession of a firearm. The Court sentenced Henton to forty months in prison and three years of supervisory release.

         In 2013, Henton pled guilty to: (1) conspiracy to distribute more than 100 grams of heroin, and (2) possession with intent to distribute heroin. Then, Henton received a 210-month sentence.

         Henton is now a pro se prisoner and files this petition under 28 U.S.C. § 1651. He alleges that on March 26, 2003, Magistrate Judge Steven D. Pepe improperly withdrew his four pretrial motions sua sponte; he also claims that the Government failed to comply with discovery obligations. Henton requests the Court to vacate his 2003 plea and convictions.

         The Government argues that Henton provides no evidence of a fundamental flaw that should alter the result of his 2003 conviction. The Court agrees.

         WRIT OF CORAM NOBIS LEGAL STANDARD

         The writ of coram nobis was originally meant to “correct errors of fact unknown to the court at the time of the judgment . . . .” United States v. Morgan, 346 U.S. 502, 516 (1954). Courts should grant “. . . this extraordinary remedy only under circumstances compelling such action to achieve justice.” Id. at 511. Courts may not issue this remedy when alternative remedies are available. United States v. Denedo, 556 U.S. 904, 911 (2009).

         Coram nobis relief is granted if the petitioner can show three elements: (1) an error of fact; (2) unknown at the time of trial; (3) of a fundamentally unjust character which probably would have altered the outcome of the challenged proceeding if it had been known. United States v. Johnson, 237 F.3d 751, 755 (6th Cir. 2001) (citing Blanton v. United States, 94 F.3d 227, 231 (6th Cir. 1996)).

         Petitioners must also show an “ongoing civil disability.” United States v. Waters, 770 F.3d 1146, 1147 (6th Cir. 2014) (citing United States v. Bush, 888 F.2d 1145, 1146-47 (7th Cir. 1989); United States v. Keane, 852 F.2d 199, 202-03 (7th Cir. 1988)). Civil disabilities “include loss of the rights to vote, hold occupational licenses (including law licenses), and bear arms; criminal convictions also may lead to enhanced penalties for future offenses.” Keane, 852 F.2d at 203.

         ANALYSIS

         I. MAGISTRATE JUDGE DID NOT ACT SUA SPONTE

         On March 26, 2003, Deputy Federal Defender, David C. Tholen (“Tholen”) sent a letter to Magistrate Judge Pepe to withdraw Henton's pretrial motions: (1) Motion for Discovery and Inspection, (2) Motion for Notice of 404(b) Evidence, (3) Motion for Disclosure of Brady Materials, and (4) Motion for Leave to File Additional Motions. (ECF No. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.