FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
January 10, 2008
FOR THE TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee, No. 07-5126
(D.C. No. 99-CR-012-TCK-FHM)
v. (N.D. Okla.)
ESTAC L. LOVE,
Defendant-Appellant.
ORDER AND JUDGMENT *
Before HARTZ, O’BRIEN, and GORSUCH, Circuit Judges.
After examining the briefs and appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R.
34.1(G). The case is therefore ordered submitted without oral argument.
The defendant appeals the district court’s denial of his “Motion for
Reversal of Conviction Pursuant to 28 U.S.C. § 1651,” in which he sought
coram nobis relief. He challenged sentences imposed in 2000 for violation
*
This order and judgment is not binding precedent, except under
the doctrines of law of the case, res judicata, and collateral estoppel. It may
be cited, however, for its persuasive value consistent with Fed. R. App. P.
32.1 and 10th Cir. R. 32.1.
of 18 U.S.C. § 924(c), arguing that the sentences violated Apprendi v. New
Jersey, 530 U.S. 466 (2000). He also argued that the total term of
incarceration imposed of 146 years constituted cruel and unusual
punishment.
The district court concluded that the defendant could not challenge his
sentences through a petition for a writ of coram nobis. We affirm.
“As courts have explained, a prisoner may not challenge a sentence or
conviction for which he is currently in custody through a writ of coram
nobis.” United States v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002). On
appeal, the defendant argues that the district court erroneously reached its
decision on constitutional grounds rather than statutory grounds, and that §
924(c) creates a separate offense and is not a sentencing factor. Because the
defendant is still in custody and is challenging the sentences he is currently
serving, the district court did not err in denying relief.
AFFIRMED.
ENTERED FOR THE COURT
PER CURIAM
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