Sanchez Tapia v. United States
| Decision Date | 17 February 1964 |
| Citation | 227 F. Supp. 35 |
| Parties | Pedro E. SANCHEZ TAPIA, Plaintiff, v. UNITED STATES of America, Robert A. Cooper, or his Estate, et als., A. Cecil Snyder, or his Estate, Benicio Sanchez Castano, Lulu Donahue, Mary Aguayo, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Pedro E. Sanchez Tapia, pro se.
Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Stephen Charnas, New York City, of counsel, for defendant United States of America.
This is a motion by defendant United States, under Rule 12(b) (1), to dismiss the complaint on the ground that this court lacks jurisdiction over the subject matter. The original complaint is entitled "Coram Bovis or Coram Nobis — Action to Set Aside and Annul Judgment and for Damages for Deceit." It sets forth a "First Cause of Action" which asks only that a judgment be set aside and makes no mention of damages. At the time the motion was argued plaintiff submitted an additional eight pages entitled "Second Cause of Action," which does ask for damages. The United States asserts in a supplemental brief that this court has no jurisdiction over this second claim and that it is time barred.
In his first cause of action, plaintiff alleges that in December 1941 he was convicted of a crime in the United States District Court for the District of Puerto Rico and that he has served the sentence imposed for that crime. From the opinion affirming that conviction, Sanchez v. United States, 134 F.2d 279 (1st Cir. 1943), cert. denied, 319 U.S. 768, 63 S.Ct. 1325, 87 L.Ed. 1717 (1943), it appears that plaintiff was convicted of soliciting unlawful fees from a veteran and making a false affidavit in regard to the veteran's application for a pension. Plaintiff alleges that this conviction was obtained through the fraud of many individuals, including the United States District Attorney, the counsel who defended plaintiff in that action, and the United States District Judge, all of whom are also named as defendants. Plaintiff asks that this court set aside and declare null and void the judgment of the Puerto Rican District Court.
The United States contends that this court has no jurisdiction over this action because plaintiff's exclusive remedy is by a coram nobis proceeding and that such a proceeding should be brought before the court which imposed sentence. This contention is correct.
It was settled in United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248 (1954), that a defendant convicted in a federal court can attack the "validity and regularity" of the judgment of conviction in a coram nobis proceeding, even though he is no longer in custody pursuant to sentence imposed under that judgment. This is true despite Rule 60(b) which abolishes the writ of coram nobis because the Rule applies only to civil actions. The coram nobis proceeding complements the remedy provided in 28 U.S.C. § 2255 for a prisoner who is in custody to attack collaterally the judgment of conviction.
It has been judicially determined in respect to the coram nobis proceeding, as is legislatively prescribed for a motion under 28 U.S.C. § 2255, that it should be brought "before the sentencing court in the district where the records and government officials involved are located." United States ex rel. Lavelle v. Fay, 205 F.2d 294 (2d Cir. 1953); Madigan v. Wells, 224 F.2d 577 (9th Cir. 1955), cert. denied, 351 U.S. 911, 76 S.Ct. 700, 100 L.Ed. 1446 (1956).
Plaintiff cites no authority which would indicate that the federal courts have ever entertained an independent action such as this to obtain relief from a federal criminal judgment. Traditionally, equity has afforded no relief from criminal...
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