Case: 17-50057 Document: 00514294582 Page: 1 Date Filed: 01/04/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-50057 FILED
Summary Calendar January 4, 2018
Lyle W. Cayce
Clerk
CARLOS DAVID DOMINGUEZ,
Plaintiff-Appellant
v.
UNITED STATES OF AMERICA,
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:17-CV-5
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Carlos David Dominguez appeals the district court’s denial of his petition
for a writ of error coram nobis. Dominguez has completed his 110-month term
of imprisonment but is still serving a 10-year term of supervised release.
At all times, this court must be assured of its jurisdiction and the district
court’s jurisdiction. United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000).
Because Dominguez is subject to an unexpired term of supervised release, he
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-50057 Document: 00514294582 Page: 2 Date Filed: 01/04/2018
No. 17-50057
is “in custody” and ineligible for coram nobis relief. See United States v. Hatten,
167 F.3d 884, 887 n.6 (5th Cir. 1999). We therefore affirm on the alternative
ground that the district court lacked jurisdiction to consider Dominguez’s
petition. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).
AFFIRMED.
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