United States v. Hatcher
2:01-cr-80361
| E.D. Mich. | Jun 30, 2015Background
- Daniel Tyrone McNeil was convicted by a jury of bank robbery (18 U.S.C. § 2113), carrying/brandishing a firearm during a crime of violence (18 U.S.C. § 924(c)), and possession of a destructive device in furtherance of a crime of violence; he received 60 months for the robbery and a consecutive 30 years for the other merged offenses.
- McNeil filed a § 2255 motion on April 4, 2008; the district court denied it on October 14, 2008, and the Sixth Circuit denied a certificate of appealability.
- McNeil filed a second § 2255 motion on August 2, 2013; the district court transferred it to the Sixth Circuit as a successive motion, and the Sixth Circuit denied authorization on December 17, 2014.
- On June 30, 2015, McNeil moved under the All Writs Act (28 U.S.C. § 1651(a)), effectively seeking a writ of error coram nobis to vacate his judgment and obtain release.
- The district court treated the filing as a collateral attack falling within § 2255 and concluded the All Writs Act does not supply independent subject-matter jurisdiction when a statutory remedy exists.
- The court also noted that a prisoner in custody cannot obtain coram nobis relief; it dismissed McNeil’s motion without prejudice to seeking Sixth Circuit authorization to file a successive § 2255.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the All Writs Act provides independent subject-matter jurisdiction to vacate a federal conviction | N/A (government opposed; plaintiff sought relief) | McNeil invoked the All Writs Act as the jurisdictional basis for coram nobis relief | All Writs Act does not provide jurisdiction where a statute (§ 2255) supplies the remedy; dismissal for lack of subject-matter jurisdiction |
| Whether a writ of error coram nobis is available to a prisoner in custody | N/A | McNeil sought coram nobis while incarcerated | Coram nobis is unavailable to persons in custody; relief barred |
Key Cases Cited
- Carlisle v. United States, 517 U.S. 416 (1996) (All Writs Act is a residual source of authority and yields to statutory schemes addressing the same issue)
- Pennsylvania Bureau of Correction v. United States Marshals Service, 474 U.S. 34 (1985) (All Writs Act is not controlling where Congress has provided a statutory remedy)