United States v. Cruanes, No. 13-15057 (11th Cir. 2014)Annotate this Case
The district court denied defendant's motion to set aside his conviction nunc pro tunc and his request for a certificate certifying his conviction had been set aside as required by the Federal Youth Corrections Act, 18 U.S.C. 5021. Defendant then petitioned the district court for a writ of error coram nobis, which the court denied. In this appeal, defendant challenged the district court's denial of his petition. The court concluded that the district court effectively revised defendant's initial sentence to leave the Parole Commission out of the picture entirely; instead, it simply required that the Bureau of Prisons release defendant on December 1, 1983. Because the district court determined defendant's discharge in this way, it was obligated under section 5021(b) to issue the certificate stating that his conviction had been set aside. Therefore, the court issued a writ of mandamus directing the district court to issue a certificate stating that defendant's conviction was automatically set aside on December 1, 1983.