Murray v. United States, No. 12-1350 (1st Cir. 2013)
Annotate this CaseIn 1984, following the denial of his motion to suppress, a jury convicted Petitioner of one count of conspiracy to possess marijuana, and the sentencing court sentenced Petitioner to four years incarceration. After various appeals, Petitioner reached an agreement with the government wherein he abandoned his suppression challenge and the government recommended that his sentence be reduced to eighteen months' imprisonment. In 2007, Petitioner filed this petition for a writ of error coram nobis, attacking the denial of the suppression motion in the 1984 case based on newly available evidence. Although Petitioner had been released from imprisonment for the 1984 crime, that conviction operated to increase the sentence he received as the result of his next criminal conviction, for which Petitioner was still serving time. The district court denied Petitioner's petition. The First Circuit Court of Appeals affirmed, holding that issuance of the writ would not be warranted under the facts and circumstances of this case.
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