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U.S. v. McCLELLAND

No. 90-10091.

941 F.2d 999 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph B. McCLELLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 20, 1991.

Resubmitted August 6, 1991.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Thomas C. Bradley and N. Patrick Flanagan, III, Asst. Federal Public Defenders, Reno, Nev., for defendant-appellant.

Robert A. Bork, Asst. U.S. Atty., Reno, Nev., for plaintiff-appellee.

Before HUG and POOLE, Circuit Judges, and ATKINS, District Judge.

HUG, Circuit Judge:

Appellant Joseph B. McClelland appeals the district court's denial of his petition to have his 1984 extortion conviction set aside. McClelland initiated this action by filing a motion pursuant to 28 U.S.C. § 2255. Because McClelland is no longer in custody, the district court treated his motion as a petition for a writ of error coram nobis. McClelland contends the judge in his extortion trial gave an erroneous instruction to the jury...

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