United States v. Kirby

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 10, 2008 No. 07-11126 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. RICHARD GREY KIRBY Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:92-CR-341-2 Before DAVIS, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Richard Grey Kirby appeals the district court’s denial of his petition for a writ of coram nobis. Kirby has not shown that the district court erred in denying relief on the basis that his claim was or could have been raised previously. See United States v. Esogbue, 357 F.3d 532, 535 (5th Cir. 2004). Accordingly, the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.