776 Fed.Appx. 753 (3rd Cir. 2019), 18-3744, Palermo v. United States

Docket Nº:18-3744
Citation:776 Fed.Appx. 753
Opinion Judge:PER CURIAM
Party Name:Michael PALERMO, Appellant v. UNITED STATES of America
Attorney:Michael Palermo, Pro Se Mark E. Coyne, Esq., Office of United States Attorney, Newark, NJ, J. Andrew Ruymann, Esq., Office of United States Attorney, Trenton, NJ, for Defendant-Appellee
Judge Panel:Before: CHAGARES, RESTREPO and SCIRICA, Circuit Judges
Case Date:September 10, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 753

776 Fed.Appx. 753 (3rd Cir. 2019)

Michael PALERMO, Appellant

v.

UNITED STATES of America

No. 18-3744

United States Court of Appeals, Third Circuit

September 10, 2019

Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 May 16, 2019

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 3:18-cv-05404), District Judge: Honorable Peter G. Sheridan

Michael Palermo, Pro Se

Mark E. Coyne, Esq., Office of United States Attorney, Newark, NJ, J. Andrew Ruymann, Esq., Office of United States Attorney, Trenton, NJ, for Defendant-Appellee

Before: CHAGARES, RESTREPO and SCIRICA, Circuit Judges

OPINION[*]

PER CURIAM

Michael Palermo appeals pro se from the District Court’s order denying his petition for a writ of error coram nobis. For the reasons that follow, we will summarily affirm that order.

I.

In 2010, Palermo pleaded guilty in the District Court to one count of mail fraud. At the guilty-plea hearing, Palermo admitted to the factual allegations undergirding that count. Before sentencing, he submitted a "Statement of Offense Conduct/Acceptance of Responsibility" to the District Court, again admitting his guilt. And at the sentencing hearing, he stated that he "deeply regret[ted] [his] actions in this matter." (N.T. in Dist. Ct. Case No. 2:10-cr-00482-001, Feb. 9, 2011, at 5.) The District Court sentenced Palermo to three years of probation and ordered him to pay

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$10,000 in restitution, a $2000 fine, and a $100 special assessment. He did not appeal from that judgment; nor did he collaterally attack it pursuant to 28 U.S.C. § 2255.

In April 2018, several years after Palermo completed his sentence, he filed a pro se coram nobis petition in the District Court, seeking to vacate his guilty plea and conviction. Palermo alleged that he had recently learned that...

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