United States District Court, E.D. Michigan, Southern Division
Duron W. Henton, Petitioner,
United States of America, Respondent.
ORDER DENYING PETITION FOR WRIT OF ERROR CORAM
Victoria A. Roberts United States District Judge.
the Court is Duron W. Henton's (“Henton”)
Petition for Writ of Error Coram Nobis. For the
reasons explained, the Court DENIES the
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.
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
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.
Government argues that Henton provides no evidence of a
fundamental flaw that should alter the result of his 2003
conviction. The Court agrees.
OF CORAM NOBIS LEGAL STANDARD
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).
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)).
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.
MAGISTRATE JUDGE DID NOT ACT SUA SPONTE
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. ...