Dist. Ct. did not err in denying defendant’s petition for writ of coram nobis that challenged govt.’s attempt to enforce prior unpaid $713,400 restitution order that had been entered in defendant’s conviction on mail fraud charge. While defendant argued that he was entitled to such relief because new evidence indicated that third-party lenders identified as victims in defendant’s mail fraud scheme were not actually entitled to said restitution, coram nobis relief was not appropriate, since defendant’s claim did not qualify as error of “most fundamental character” where defendant’s claim would not invalidate his mail fraud conviction. Moreover, defendant failed to show existence of any error with respect to restitution order, where defendant admitted in his plea agreement that instant third-party lenders actually relied on fraudulent mortgage applications that defendant had prepared.
Federal 7th Circuit Court
Criminal Court
Coram Nobis