United States v. Alexander, 113011 FED5, 11-20188

• Opinion Judge: PER CURIAM:
• Party Name: UNITED STATES OF AMERICA, Plaintiff-Appellee v. TOMMY ALEXANDER, SR., Defendant-Appellant
• Judge Panel: Before KING, JOLLY, and GRAVES, Circuit Judges.
• Case Date: November 30, 2011
• Court: United States Courts of Appeals, U.S. Court of Appeals — Fifth Circuit

UNITED STATES OF AMERICA, Plaintiff-Appellee

v.

TOMMY ALEXANDER, SR., Defendant-Appellant

No. 11-20188

United States Court of Appeals, Fifth Circuit

November 30, 2011

Appeals from the United States District Court for the Southern District of Texas USDC No. 4:89-CR-331-1.

Before KING, JOLLY, and GRAVES, Circuit Judges.

PER CURIAM:^[*]

Tommy Alexander, Sr., federal prisoner # 07193-035, appeals the dismissal of a "Petition and Motion for a Writ of Coram Nobis and/or Audita Querela, " alleging that his conviction was based on an illegal search, fabricated evidence, and prosecutorial misconduct and that relief under the All Writs Act is necessary to correct manifest injustice and fundamental constitutional error. He argues that the district court did not provide adequate reasons for the dismissal and it erred by failing to address the merits of his arguments. The Government has moved for dismissal of the appeal, summary affirmance, or an extension of time to brief the merits.

Alexander, who remains incarcerated, is not eligible for coram nobis relief. See United States v. Esogbue, 357 F.3d 532, 534 (5th Cir. 2004) Alexander's pleading challenged his federal sentence and is therefore a motion under 28 U.S.C. § 2255. The district court lacked jurisdiction because Alexander has previously filed a § 2255 motion, and we have not authorized him to file a successive motion. See Hooker v. Sivley, 187 F.3d 680, 681-82 (5th Cir. 1999). As the...