Writ of Coram Nobis

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7^th Circuit Court of Appeals

Case Name: United States of America v. Ruben Delhorno

Case No.: 18-1707

Officials: KANNE, HAMILTON, and ST. EVE, Circuit Judges.

Focus: Writ of Coram Nobis

Defendant-appellant Ruben Delhorno filed a petition for a writ of coram nobis, a rare form of collateral attack on a criminal judgment. This ancient common-law remedy is available to correct errors of fact and law in criminal cases, but only when: “(1) the error alleged is ‘of the most fundamental character’ as to render the criminal conviction ‘invalid’; (2) there are ‘sound reasons’ for the defendant’s ‘failure to seek earlier relief’; and (3) ‘the defendant continues to suffer from his conviction even though he is out of custody.’” United States v. Wilkozek, 822 F.3d 364, 368 (7th Cir. 2016), citing United States v. Sloan, 505 F.3d 685, 697 (7th Cir. 2007), and United States v. Keane, 852 F.2d 199, 203 (7th Cir. 1988). Delhorno fails the second requirement. He cannot offer “sound reasons” for failing to seek earlier relief through a direct appeal or habeas corpus petition. We therefore affirm the district court’s decision denying Delhorno’s writ of coram nobis.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.