Kenneth Charles McNeil, aka Chip v. United States

In 1954, this Court fashioned the modern writ of coram nobis, however, in preexisting and acknowl­ edged conflicts, the federal appellate courts are di­ vided over the proper standard for granting coram nobis relief. The All Writs Act, 28 U.S.C. § 1651(a), provides federal courts the authority to issue “all writs necessary or appropriate in aid of their respec­ tive jurisdictions.” In Pennsylvania Bureau of Correc­ tion v. U.S. Marshals Service, 474 U.S. 34, 43 (1985), the Court held, “[a] Ithough that Act empowers feder­ al courts to fashion extraordinary remedies when the need arises, it does not authorize them to issue ad hoc writs whenever compliance with statutory proce­ dures appears inconvenient or less appropriate.” The questions presented are: 1. Whether, and to what extent, United States v. Mor­ gan, 346 U.S. 502 (1954) fashioned the writ of coram nobis to incorporate the former federal equity courts’ requirements for equitable relief? 2. After a writ has been fashioned, whether federal courts have the authority under the All Writs Act to refashion a writ whenever compliance with the fash­ ioned writ appears inconvenient or less appropriate? 3. Whether, and to what extent, 28 U.S.C. § 2255 rules apply to coram nobis proceedings?