Scates v. United States

David Michael Scates appeals the district court's denial of his petition for a writ of error coram nobis. Scates sought to have expunged from his record a 1966 juvenile conviction for breaking and entering on a military reservation. It was his contention that his guilty plea was involuntary and that he was denied the effective assistance of counsel. We affirm. Coram nobis is an extraordinary remedy that is available only under circumstances compelling relief in order to achieve justice. United States v. Morgan, 346 U.S. 502, 512-13 (1954). The burden is on the petitioner to show that he is entitled to relief; the challenged proceedings are presumed to be correct. Id. To meet his burden, a petitioner must show that a more usual remedy is unavailable; that valid reasons exist for not attacking his conviction earlier; that adverse consequences flow from the conviction so that there exists a case or controversy; and that the error is of the most fundamental character. Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir. 1987).