United States v. Estupinan

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40387 Conference Calendar JOSE LUIS ESTUPINAN, also known as Joseph, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:00-CV-32 -------------------- February 13, 2001 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Jose Luis Estupinan, federal prisoner # 66153-079, appeals the district court’s dismissal of his petition for a writ of error coram nobis. Estupinan has not argued on appeal the issue of the district court’s dismissal of his petition on the grounds that his claims were not cognizable in a coram nobis proceeding and that coram nobis was not a proper vehicle to challenge his conviction because he remained in federal custody. Arguments must be briefed in order to be preserved. Yohey v. Collins, 985 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-40387 -2- F.2d 222, 225 (5th Cir. 1993). Issues not adequately argued in the body of the brief are deemed abandoned on appeal. Yohey, 985 F.2d at 224-25. The judgment of the district court dismissing Estupinan’s petition for a writ of error coram nobis is AFFIRMED.