Carlos Dominguez v. USA, No. 17-50057 (5th Cir. 2018)
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Case: 17-50057 Document: 00514294582 Page: 1 Date Filed: 01/04/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-50057 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 4, 2018 Lyle W. Cayce Clerk CARLOS DAVID DOMINGUEZ, Plaintiff-Appellant v. UNITED STATES OF AMERICA, Defendant-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 3:17-CV-5 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * Carlos David Dominguez appeals the district court’s denial of his petition for a writ of error coram nobis. Dominguez has completed his 110-month term of imprisonment but is still serving a 10-year term of supervised release. At all times, this court must be assured of its jurisdiction and the district court’s jurisdiction. United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000). Because Dominguez is subject to an unexpired term of supervised release, he Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-50057 Document: 00514294582 Page: 2 Date Filed: 01/04/2018 No. 17-50057 is “in custody” and ineligible for coram nobis relief. See United States v. Hatten, 167 F.3d 884, 887 n.6 (5th Cir. 1999). We therefore affirm on the alternative ground that the district court lacked jurisdiction to consider Dominguez’s petition. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). AFFIRMED. 2
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