COCCO v. United States
1:21-cv-00097-RBK
D.N.J.Feb 8, 2024Background
- Thomas J. Cocco, a former federal prisoner, was convicted in the late 1990s of mail fraud and conspiracy in connection to fraudulent real estate transactions.
- Cocco represented himself at trial and was sentenced to 36 months in prison; he was released in April 2001.
- He previously challenged his conviction and sentence through direct appeal and a § 2255 motion, both of which were unsuccessful.
- In 2021, Cocco filed a petition for writ of error coram nobis, seeking to overturn his conviction based on new affidavits and certifications from witnesses suggesting testimony and proceedings at trial were improper.
- The government opposed the petition, arguing that Cocco had not provided a valid reason for the delay in seeking relief, as the most recent supporting evidence was over a decade old at the time of filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coram nobis relief should issue for Cocco | Fraudulent indictment and perjured testimony justify relief | Cocco failed to seek relief in a timely way; no good reason for delay | Denied—delay of at least 11 years is unjustified; relief not appropriate |
Key Cases Cited
- Carlisle v. United States, 517 U.S. 416 (extraordinary nature of coram nobis)
- United States v. Stoneman, 870 F.2d 102 (standards and requirements for writ of coram nobis)
- Ragbir v. United States, 950 F.3d 54 (3d Cir. 2020) (restates and applies stringency and timeliness for coram nobis relief)
- Chaidez v. United States, 568 U.S. 342 (nature and function of coram nobis for out-of-custody petitioners)