Rener v. United States, 72-3715 Summary Calendar.

Citation475 F.2d 125
Decision Date28 March 1973
Docket NumberNo. 72-3715 Summary Calendar.,72-3715 Summary Calendar.
PartiesLuke Joseph RENER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Luke Rener, pro se.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., Harry Koch, Asst. U. S. Atty., Dallas, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

The district court denied Rener's petition for writ of error coram nobis. We affirm.

Rener is confined in the Texas Department of Corrections by virtue of his convictions for attempted burglary and possession of narcotics. In his petition for coram nobis relief he sought to have a previously served federal conviction vacated on grounds that the 1952 conviction for possession of untaxed marihuana1 was invalid under the decision of Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57.

The district court denied relief, finding that Rener had failed to present any "compelling circumstances" which would justify the grant of the extraordinary remedy of coram nobis.2 We agree.

Nowhere in the pleadings filed below did Rener allege that he is subject to any adverse effects emanating from the prior federal conviction. On the basis of the respondent's answer filed in the district court stating that Rener was convicted and sentenced on four felony offenses subsequent to the 1952 conviction, it appears unlikely that such is the case. The writ of error coram nobis should only be allowed to remedy manifest injustice. Cf. Reyes Correa-Negron v. United States, 5 Cir. 1973, 473 F.2d 684. Its purpose is not to burden courts with the rendition of "futile decrees." Rodgers v. United States, 5 Cir. 1971, 451 F.2d 562, 563; United States v. Morgan, 1954, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248.

For the first time on appeal, Rener attempts to raise the point that the 1952 conviction was used to enhance his present state sentence. We decline to consider this argument since the issue was never raised in the proceedings below. Reyes Correa-Negron v. United States, supra; United States v. Hall, 5 Cir. 1971, 440 F.2d 1277; Hemming v. United States, 5 Cir. 1969, 409 F.2d 11.

The judgment appealed from is affirmed.

Affirmed.

1 Rener was convicted under 26 U.S.C. § 2593(a), which has since been repealed. Thereafter, the provisions of § 2593(a) were contained in 26 U.S.C. § 4744, which has...

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11 cases
  • Hayes v. United States, Civ. A. No. H-77-186.
    • United States
    • U.S. District Court — Southern District of Texas
    • March 6, 1979
    ...review of the law in this regard would be appropriate. A good summary statement on coram nobis proceedings is found in Rener v. United States, 475 F.2d 125 (5th Cir. 1973): "The writ of error coram nobis should only be allowed to remedy manifest injustice. . . . Its purpose is not to burden......
  • U.S. v. Swindall, 95-9556
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • March 14, 1997
    ...874 F.2d 1575, 1576-77 (11th Cir.1989), cert. denied, 493 U.S. 1081, 110 S.Ct. 1137, 107 L.Ed.2d 1042 (1990); Rener v. United States, 475 F.2d 125, 127 (5th Cir.1973) (writ should be allowed only to "remedy manifest injustice"). In this case, Appellant attempts to do what the Supreme Court ......
  • Cavett v. Ellis
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • August 17, 1978
    ...under the All Writ Statute, 28 U.S.C. § 1651(a). Correa-Negron v. United States, 473 F.2d 684 (5 Cir. 1973), Rener v. United States, 475 F.2d 125 (5 Cir. 1973), Rodgers v. United States, 451 F.2d 562 (5 Cir. 1971). But since the writ can be issued only by the original sentencing court, Gren......
  • Wilkinson v. US
    • United States
    • U.S. District Court — Northern District of Georgia
    • July 1, 1991
    ...such action to achieve justice." Morgan, 346 U.S. at 507-11, 74 S.Ct. at 250-53 (cited in Moody, 874 F.2d at 1576); Rener v. United States, 475 F.2d 125, 126 (5th Cir.1973) (writ should be allowed only to "remedy manifest The error alleged in a petition must involve "a matter of fact of the......
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