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Carlos Dominguez v. United States
17-50057
| 5th Cir. | Jan 4, 2018
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Docket

*1 Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM: [*]

Carlos David Dominguez appeals the district court’s denial of his petition for a writ of error coram nobis . Dominguez has completed his 110-month term of imprisonment but is still serving a 10-year term of supervised release.

At all times, this court must be assured of its jurisdiction and the district court’s jurisdiction. United States v. Key , 205 F.3d 773, 774 (5th Cir. 2000). Because Dominguez is subject to an unexpired term of supervised release, he *2 Case: 17-50057 Document: 00514294582 Page: 2 Date Filed: 01/04/2018

No. 17-50057

is “in custody” and ineligible for coram nobis relief. See United States v. Hatten , 167 F.3d 884, 887 n.6 (5th Cir. 1999). We therefore affirm on the alternative ground that the district court lacked jurisdiction to consider Dominguez’s petition. See United States v. Early , 27 F.3d 140, 142 (5th Cir. 1994).

AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: Carlos Dominguez v. United States
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jan 4, 2018
Docket Number: 17-50057
Court Abbreviation: 5th Cir.
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