United States v. Bane, No. 18-10232 (11th Cir. 2020)Annotate this Case
Defendants may not use a writ of error coram nobis to challenge a forfeiture judgment. The Eleventh Circuit affirmed the district court's denial of relief after determining that defendants had standing to bring their challenge.
The court held that, even assuming that Honeycutt v. United States, 137 S. Ct. 1626, 1630 (2017), -- which held that a different forfeiture statute does not permit joint-and-several liability -- applies retroactively and that coram nobis may be used, defendants were not entitled to relief because their failure to challenge their forfeiture judgments on direct appeal means they cannot challenge them now. As a non-jurisdictional error, the court stated that defendants needed to raise their Honeycutt claims on direct appeal to avoid procedural default. In this case, defendants failed to establish cause for not raising their claims on direct appeal, and defendants also failed to establish prejudice.