UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6495
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ADOLFO VALDEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CR-92-9-7-F)
Submitted: August 28, 2003 Decided: September 4, 2003
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Adolfo Valdez, Appellant Pro Se. Robert Edward Skiver, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Adolfo Valdez seeks to appeal the district court’s order
denying his petition for a writ of error coram nobis filed under 28
U.S.C. § 1651 (2000). We have reviewed the record and the district
court’s order and find no reversible error. A writ of error coram
nobis is available only when the petitioner is not in custody. See,
e.g., United States v. Sawyer, 239 F.3d 31, 37 (1st Cir. 2001).
Because Valdez is in federal custody and has filed a prior motion
under 28 U.S.C. § 2255 (2000), he may not circumvent the
gatekeeping provisions of § 2255 ¶ 8 and 28 U.S.C. § 2244 (2000),
by filing a petition under § 1651. United States v. Noske, 235
F.3d 405, 406 (8th Cir. 2000). Accordingly, we affirm the district
court’s order denying relief. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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