Rushing v. United States

No. 99-10189 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10189 Conference Calendar LARRY HARVEL RUSHING, Plaintiff-Appellant, versus UNITED STATES OF AMERICA, Defendant-Appellee. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CV-939-T -------------------- February 17, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Larry Harvel Rushing has appealed the denial of his application for a writ of coram nobis. He argues that the district court erred in denying his application and that he is entitled to such relief primarily because he lacked the requisite criminal intent to support his convictions under 18 U.S.C. § 1014. Rushing has failed to meet his burden of showing that the judicial proceedings leading to his guilty plea and convictions were incorrect. He has therefore failed to demonstrate that he is entitled to a writ of coram nobis. See United States v. Dyer, 136 F.3d 417, 422 (5th Cir. 1998). The * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 99-10189 -2- judgment of the district court is AFFIRMED.