Petition for Writ of Certiorari — Zafar Bakhramovich Yadigarov, Petitioner v. United States

Supreme Court briefJun 7, 2021

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In The

Supreme Court of the United States

---------------------------------♦--------------------------------ZAFAR BAKHRAMOVICH YADIGAROV,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.

---------------------------------♦--------------------------------On Petition For A Writ Of Certiorari

To The United States Court Of Appeals

For The Eleventh Circuit

---------------------------------♦--------------------------------PETITION FOR A WRIT OF CERTIORARI

---------------------------------♦--------------------------------FRITZ SCHELLER, ESQUIRE

FRITZ SCHELLER, P.L.

200 East Robinson Street

Suite 1150

Orlando, Florida 32801

(407) 792-1285

fscheller@flusalaw.com

Counsel for Petitioner and of Record

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COCKLE LEGAL BRIEFS (800) 225-6964

WWW.COCKLELEGALBRIEFS.COM

i

QUESTION PRESENTED

As petitions for writs of error corum nobis are

not subject to any formal deadlines nor any statutes

of limitations, the nation’s courts generally deny relief

in the absence of any “sound reason” for delay as

suggested by this Court in United States v. Morgan,

346 U.S. 502, 512 (1954), including offering no reasons

at all, prejudice or harm to the respondent, or those

cases in which the petitioner appears to be abusing

the writ. What constitutes a “sound reason” for delay

has been left to the lower courts to answer and define

in their discretion on an ad hoc basis. Mr. Yadigarov, by

this petition, presents the question as to what should

constitute legally sufficient diligence, as a matter of

law, in the pursuit of coram nobis relief; asked

differently, what specific and express standard of care

should uniformly govern the requirement of presenting “sound reasons” for any perceived delay in filing

petitions for a writ of error corum nobis?

ii

PROCEEDINGS IN FEDERAL TRIAL

AND APPELLATE COURTS DIRECTLY

RELATED TO THIS CASE

Petitioner, Zafar Bakhramovich Yadigarov, was

the defendant and the petitioner in the district court

and the appellant in the court of appeals. Respondent,

the United States of America, was the original plaintiff

and respondent in the district court and the appellee

in the court of appeals. The related cases include the

following:

United States District Court (M.D. Fla.):

United States v. Zafar Bakhramovich Yadigarov,

No. 6:17-cr-205-Orl-40KRS

United States Court of Appeals (11th Cir.):

United States v. Zafar Yadigarov, No. 18-14405-JJ

(Feb. 13, 2019)

United States v. Zafar Yadigarov, No. 20-10857DD (Jan. 8, 2021), also available at 840 F. App’x

487 (11th Cir. 2021) (unpublished).

iii

TABLE OF CONTENTS

Page

Question Presented .............................................

i

Proceedings in Federal Trial and Appellate

Courts Directly Related to this Case ...............

ii

Table of Contents .................................................

iii

Table of Authorities .............................................

v

Petition for a Writ of Certiorari...........................

1

Opinion Below ......................................................

1

Jurisdiction ..........................................................

1

Constitutional and Statutory Provisions

Involved ............................................................

1

Statement of the Case .........................................

2

Reasons for Granting the Writ ............................

7

Whether and how to properly decide when a

petitioner, like Mr. Yadigarov, has exercised

reasonable diligence in the pursuit of corum

nobis relief so as to excuse any perceived delay

in filing is an important, nationally-relevant,

and repetitive question that this Court should

answer and define given the mandate of

United States v. Morgan, 346 U.S. 502 (1954),

to provide “sound reasons” for any set back in

seeking such relief, especially when there are

no formal time limits, statute of limitations, or

deadlines by which one must actually meet

and satisfy for purposes of filing a corum nobis

petition .............................................................

7

Framing the Question Presented .................

7

iv

TABLE OF CONTENTS – Continued

Page

Background ................................................... 10

The Accepted Principles on Corum Nobis

Relief ............................................................. 13

The Facts are Undisputed, the Record on

Appeal is Clean, and the Legal Issue is Ripe

for Review ..................................................... 21

Conclusion............................................................ 30

Appendix

Eleventh Circuit’s unpublished decision and

opinion below.................................................... App. 1

District Court’s order......................................... App. 10

v

TABLE OF AUTHORITIES

Page

FEDERAL CASES

Alikhani v. United States,

200 F.3d 732 (11th Cir. 2000) ..................................16

Carlisle v. United States,

517 U.S. 416 (1996) .................................................10

Chaidez v. United States,

568 U.S. 342 (2013) .................................................16

Chico v. United States,

703 F. App’x 292 (5th Cir. 2017) ..............................18

Feldman v. Henman,

815 F.2d 1318 (9th Cir. 1987) ..................................26

Foont v. United States,

93 F.3d 76 (2d Cir. 1996) ....................... 13, 17, 18, 19

Fruchtman v. Kenton,

531 F.2d 946 (9th Cir. 1976) ....................................27

Gonzalez v. United States,

981 F.3d 845 (11th Cir. 2020) ....................................6

Griffith v. Kentucky,

479 U.S. 314 (1987) .................................................28

Jones v. United States,

453 F.2d 351 (5th Cir. 1972) ....................................26

Kandiel v. United States,

964 F.2d 794 (8th Cir. 1992) ....................................26

Kapral v. United States,

166 F.3d 565 (3d Cir. 1999) ............................... 12, 25

Klein v. United States,

880 F.2d 250 (10th Cir. 1989) ..................................24

vi

TABLE OF AUTHORITIES – Continued

Page

Kovacs v. United States,

744 F.3d 44 (2d Cir. 2014) .......................................17

Latham v. United States,

527 F.3d 651 (7th Cir. 2008) ....................................28

Maleng v. Cook,

490 U.S. 488 (1989) ........................................... 25, 26

Martinez v. United States,

90 F. Supp. 2d 1072 (D. Haw. 2000) ........................24

Nicks v. United States,

955 F.2d 161 (2d Cir. 1992) .....................................19

Padilla v. Kentucky,

559 U.S. 356 (2010) .................................................24

Ragbir v. United States,

950 F.3d 54 (3d Cir. 2020) ................................... 7, 20

Telnik, Inc. v. United States,

24 F.3d 42 (9th Cir. 1994) ............................ 17, 18, 19

United States v. Bejacmar,

217 F. App’x 919 (11th Cir. 2007) ...................... 17, 20

United States v. Castro,

26 F.3d 557 (5th Cir. 1994) ......................................27

United States v. Correa-De Jesus,

708 F.2d 1283 (7th Cir. 1983) ..................................24

United States v. Darnell,

716 F.2d 479 (7th Cir. 1983) .............................. 18, 19

United States v. Dyer,

136 F.3d 417 (5th Cir. 1998) .................. 11, 12, 15, 23

vii

TABLE OF AUTHORITIES – Continued

Page

United States v. Esogbue,

357 F.3d 532 (5th Cir. 2004) ........................ 17, 26, 27

United States v. Gentry,

432 F.3d 600 (5th Cir. 2005) ....................................28

United States v. Kwan,

407 F.3d 1005 (9th Cir. 2005) ..................................24

United States v. Mills,

221 F.3d 1201 (11th Cir. 2000) ...................... 2, 16, 17

United States v. Montoya,

891 F.2d 1273 (7th Cir. 1989) ..................................26

United States v. Morgan,

346 U.S. 502 (1954) ......................................... passim

United States v. Obasohan,

318 F. App’x 798 (11th Cir. 2009) ............................16

United States v. Riedl,

496 F.3d 1003 (9th Cir. 2007) ............................ 16, 19

United States v. Romero-Vilca,

850 F.2d 177 (3d Cir. 1988) .....................................26

United States v. Tucor Int’l, Inc.,

189 F.3d 834 (9th Cir. 1999) ....................................24

United States v. Verrusio,

758 F. App’x 2 (D.C. Cir. 2019) .......................... 26, 27

United States v. Yadigarov,

840 F. App’x 487 (11th Cir. 2021) .................... passim

Zapata-Banda v. United States,

2011 WL 1113586 (S.D. Tex. Mar. 7, 2011) .............14

viii

TABLE OF AUTHORITIES – Continued

Page

FEDERAL STATUTES

18 U.S.C. § 371 ..............................................................2

18 U.S.C. § 1325(c) ........................................................2

28 U.S.C. § 1254(1) ........................................................1

28 U.S.C. § 1651 ...................................... 1, 2, 11, 14, 15

28 U.S.C. § 2101 ..........................................................28

28 U.S.C. § 2241 ..........................................................11

28 U.S.C. § 2255 .................................................. passim

OTHER

S. Ct. R. 29 ....................................................................1

S. Ct. R. 30 ....................................................................1

1

PETITION FOR A WRIT OF CERTIORARI

Petitioner Zafar Bakhramovich Yadigarov respectfully petitions for a writ of certiorari to review the

judgment of the United States Court of Appeals for the

Eleventh Circuit.

---------------------------------♦---------------------------------

OPINION BELOW

The Eleventh Circuit’s unpublished opinion, 840

F. App’x 487, is provided in the petition’s appendix. See

App. 1; see also United States v. Yadigarov, 840 F. App’x

487, 2021 WL 71624 (11th Cir. Jan. 8, 2021).

---------------------------------♦---------------------------------

JURISDICTION

The Eleventh Circuit issued its decision and

opinion on January 8, 2021. The jurisdiction of this

Court is invoked under 28 U.S.C. § 1254(1). Mr.

Yadigarov has timely filed this petition pursuant to

this Court’s Order Regarding Filing Deadlines (Mar.

19, 2020) (extending deadlines due to COVID-19) and

Supreme Court Rules 29.2 and 30.1.

---------------------------------♦---------------------------------

CONSTITUTIONAL AND STATUTORY

AND PROVISIONS INVOLVED

Under the All Writs Act, Title 28, United States

Code § 1651(a) provides, “The Supreme Court and all

courts established by Act of Congress may issue all

2

writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and

principles of law.” To be sure, federal courts have

authority to issue writs of error coram nobis under the

All Writs Act, 28 U.S.C. § 1651(a). See generally, e.g.,

United States v. Mills, 221 F.3d 1201, 1203 (11th Cir.

200).

---------------------------------♦---------------------------------

STATEMENT OF THE CASE

The government returned and filed an indictment

against the Petitioner, Mr. Zafar Yadigarov, charging

him with matters related to marriage fraud in August

2017. Without a plea agreement, Mr. Yadigarov pled

guilty on July 23, 2018, to a count of conspiracy to

commit marriage fraud as well as a substantive count

of marriage fraud. See 18 U.S.C. §§ 371 and 1325(c). As

to each count, Mr. Yadigarov was exposed to maximum

penalties of up to five years’ imprisonment. His

Sentencing Guidelines were calculated to include a

total offense level 6, a criminal history category I,

and an advisory prison range between 0 and 6

months. Sentencing was held on October 10, 2018; the

district court sentenced Mr. Yadigarov to time already

served followed by one year of supervised release. His

term of supervision expired the following year, October

10, 2019. As of this petition, Mr. Yadigarov remains at

liberty and is not under any form of court supervision

– he has completed his sentence.

3

Subsequent to his guilty plea in July 2018,

however, Mr. Yadigarov moved to withdraw his plea on

October 4, 2018, shortly before his scheduled sentencing hearing on October 10, 2018. Of several

enumerated reasons for asking permission to withdraw his guilty plea included possible immigration

consequences. See Doc. 369 (Petitioner’s written

motion to withdraw guilty plea). The district court

denied his request in a written order filed on October

9, 2018, at Doc. 364.

After the district court sentenced Mr. Yadigarov to

time served on October 10, 2018, and entered its

written judgment and sentence on October 12, 2018,

see Doc. 367, Mr. Yadigarov appealed to the Eleventh

Circuit Court of Appeals. In February 2019, Mr.

Yadigarov submitted a request to voluntarily dismiss

his direct appeal. He did so on the basis that he

thought grounds might exist to have his case reviewed

for ineffective assistance of counsel claims; arguments

that he could not ordinarily raise on direct appeal

without any developed and meaningful record to

review. His motion was granted, the appeal was

dismissed, and subsequently (during the Spring 2019)

his convictions became final. See United States v.

Yadigarov, Appeal No. 18-14405 (11th Cir. Feb. 13,

2019). Mr. Yadigarov finished serving his term of

supervised release as of October 10, 2019, essentially

eight months after his direct appeal had been

voluntarily dismissed (and roughly five months after

his convictions became final for purposes of § 2255

post-conviction proceedings).

4

Four months following the expiration of his

sentence, Mr. Yadigarov filed a petition for writ of error

coram nobis in the district court on February 12, 2020.

See Doc. 427. Mr. Yadigarov complained that he

received ineffective assistance at counsel during his

criminal case and because he had completed the terms

and conditions of his sentence and was no longer “in

custody” as that legal term of art is understood for

post-conviction proceedings under 28 U.S.C. § 2255, his

only avenue for relief was by coram nobis such that the

court should vacate and set aside his criminal

convictions. Six days later, without directing or asking

for a government response, the district court summarily dismissed Mr. Yadigarov’s petition for coram

nobis because it said that Mr. Yadigarov had not

proffered any sound reason or valid explanation as to

why he filed his petition when he did. “Petitioner failed

to seek relief under 28 U.S.C. § 2255 for the alleged

ineffective assistance of counsel,” the district court

found, “and he went so far as to dismiss his appeal.”

Doc. 428, page 6. The court continued, “A writ of coram

nobis is not intended to be a remedy of first resort.

Simply put,” the court said, “petitioner fails to provide

sound reasons for failing to seek relief earlier.” Id.

Thus, the district court dismissed Mr. Yadigarov’s

petition as untimely filed.

Mr. Yadigarov appealed the district court’s

dismissal to the appellate court, and the Eleventh

Circuit Court of Appeals upheld the lower court’s order

denying relief. Reviewing the challenge for one of an

abuse of discretion, see United States v. Yadigarov, 840

5

F. App’x 487, 489 (11th Cir. 2021) (“[w]e review a

district court’s denial of a writ of coram nobis for an

abuse of discretion”), the Eleventh Circuit said:

The district court did not abuse its discretion

in denying Yadigarov’s petition for writ of

error coram nobis because, although 28 U.S.C.

§ 2255 offered an avenue of relief, Yadigarov

failed to seek it [while under court supervision] and to provide sound reasons for

failing to do so. Yadigarov requests coram

nobis relief based on ineffective assistance of

counsel, but an ineffective assistance of

counsel claim is properly raised in a collateral

attack on the conviction under 28 U.S.C.

§ 2255. Yadigarov correctly notes that § 2255

relief was unavailable when he filed his coram

nobis petition because he was no longer “in

custody,” as is required for post-conviction

relief under § 2255. However, Yadigarov could

have raised his ineffectiveness claim under

§ 2255 until October 10, 2019, when his term

of supervised release ended. There was an

available avenue of relief for the claim

Yadigarov seeks to vindicate; he simply failed

to pursue it.

Yadigarov, 840 F. App’x at 490-491 (cleaned up).

The appellate court also found:

Yadigarov also does not offer sound reasons

for failure to seek appropriate earlier relief

[while he was under court supervision]. He

does not assert that he only learned of the

factual basis for his ineffective assistance of

6

counsel claim after he was no longer eligible

for § 2255 relief. Instead, Yadigarov argues

that he was unable to move for § 2255 relief

while his direct appeal was pending. That is

true, but Yadigarov chose to file a direct

appeal rather than raise his ineffective assistance of counsel claim in a § 2255 motion.

What’s more, Yadigarov fails to account for the

eight months after he dismissed his direct

appeal but before his supervised release term

ended. During those eight months § 2255

relief was available, yet Yadigarov provides no

valid excuse for failing to seek it. Yadigarov

also contends, without citing to authority, that

because he filed his coram nobis petition

within § 2255’s one-year limitations period,

he should not be barred from obtaining relief.

But Yadigarov’s argument is inapposite, as it

still does not explain why he failed to seek

relief under § 2255 when such relief was

available.

Id. at 491 (cleaned up).

As such, the Eleventh Circuit upheld the district

court’s dismissal and found that it had not abused its

discretion when rejecting Mr. Yadigarov’s request for

help “because [Mr. Yadigarov] was permitted to seek

relief under § 2255 and he did not provide sound

reasons for failing to do so while serving his term of

supervised release.” Id.; see also Gonzalez v. United

States, 981 F.3d 845, 852 (11th Cir. 2020) (“[t]he law

does not require a coram nobis petitioner to challenge

his conviction ‘at the earliest opportunity,’ but he must

7

have ‘sound reasons for not doing so’ ”) (quoting Ragbir

v. United States, 950 F.3d 54, 63 (3rd Cir. 2020)).

Mr. Yadigarov now petitions this Honorable Court

for relief.

---------------------------------♦---------------------------------

REASONS FOR GRANTING THE WRIT

Whether and how to properly decide when a

petitioner, like Mr. Yadigarov, has exercised

reasonable diligence in the pursuit of corum

nobis relief so as to excuse any perceived delay

in filing is an important, nationally-relevant,

and repetitive question that this Court should

answer and define given the mandate of United

States v. Morgan, 346 U.S. 502 (1954), to provide

“sound reasons” for any set back in seeking

such relief, especially when there are no formal

time limits, statute of limitations, or deadlines

by which one must actually meet and satisfy for

purposes of filing a coram nobis petition.

Framing the Question Presented

Mr. Yadigarov pled guilty to his marriage fraud

charges in October 2018. He was sentenced to time

served on October 10, 2018 (see Doc. 366), followed by

a years’ worth of supervised release. He timely filed a

notice of appeal; however, he voluntarily dismissed his

direct appeal which the Eleventh Circuit granted in

February 2019 because he could not properly raise any

claims to ineffective assistance of counsel on direct

appeal. Following the period in which Mr. Yadigarov

8

was allowed to have filed a petition with this Court

asking for certiorari review, his criminal convictions

became final (during Spring 2019). Congress otherwise

would have permitted Mr. Yadigarov an additional

year, or at least until the following Spring 2020, in

which to pursue any relief from his judgment and

sentence on grounds such as receiving ineffective

assistance of counsel, pursuant to 28 U.S.C. § 2255(f )

(allowing for one-year limitations period from the time

a conviction becomes final by which to seek postconviction remedies and habeas review). In that Mr.

Yadigarov’s supervised release expired in October

2019, he pursued post-conviction relief by the only

procedural vehicle available to him – he filed his

petition for writ of error coram nobis in February 2020

(less than four months after his sentence was

completed and well within Congress’ anticipated yearlong limitations period for habeas review prescribed in

§ 2255(f )), more than meeting and satisfying any

legislative intent and purpose to bring post-conviction

questions to the court in a timely fashion. Said differently, Mr. Yadigarov exercised reasonable diligence

when pursuing coram nobis relief on the grounds of

ineffective assistance of counsel. The courts below,

however, said that Mr. Yadigarov had to have brought

his claims under § 2255 when serving his supervised

release (while he was “in custody” for purposes of

§ 2255), a period that lasted roughly five months from

the time his convictions became final. The lower courts’

holdings equate to actions in judicial fiat – they

effectively command that Congress’ one-year limitations period for post-conviction and habeas remedies

9

should be re-legislated, limited, and essentially truncated to a deadline of their choosing, in this instance,

to the approximate five months Mr. Yadigarov had left

to serve under his term of supervised release following

the time his convictions had become final. This Court

should intervene and grant Mr. Yadigarov’s petition so

as to proscribe any miscarriage of justice going

forward.

In a broader fashion, this petition presents the

question as to what constitutes legally sufficient

diligence in the pursuit of coram nobis relief; asked

differently, what standard of care should govern the

requirement of offering “sound reasons” that support

the filing of petitions for a writ of error corum nobis,

pursuant to United States v. Morgan, 346 U.S. 502

(1954). This Court has advised that coram nobis is a

remedy of last resort and that district courts, as part

of their gate-keeping obligations, should review the

reasons a petitioner proffers to explain any delay in

bringing such action if there were alternative means of

relief previously available (say, for example, under 28

U.S.C. § 2255). See Morgan, 346 U.S. at 512 (“[w]here it

cannot be deduced from the record whether counsel

was properly waived, we think, no other remedy being

then available and sound reasons existing for failure

to seek appropriate earlier relief, this motion in the

nature of the extraordinary writ of coram nobis must

be heard by the federal trial court”). Hence, a corum

nobis petition must state, inter alia, “sound reasons”

for the timing of its filing. See id. at 512. Corum nobis

petitions are not subject to any formal deadlines or

10

statute of limitations. On the other hand, cases in

which coram nobis relief have been denied in an

absence of any “sound reason” for delay include offering no reasons at all, prejudice or harm to the

respondent, or those cases in which the petitioner

appears to be abusing the writ. Mr. Yadigarov could not

pursue post-conviction relief under 28 U.S.C. § 2255

because he had already completed the terms and

conditions of his sentence and was no longer in custody; thus, he sought coram nobis relief, his only

available remedy. The lower courts said that he could

have brought his ineffective assistance of counsel

claims under § 2255 in the few months he served under

supervised release from the time his convictions had

become final, but didn’t; as such, he was necessarily

precluded from pursuing corum nobis relief, regardless

of the reasons he proffered in support of the timing of

his petition (which was far less than a year after his

convictions became final). He now asks of this Honorable Court to grant certiorari to specifically answer

whether his reasonable diligence in pursuing corum

nobis relief is a “sound reason” for any perceived delay

in filing his corum nobis petition and, a fortiori, to

articulate the correct standard of review to best meet

and satisfy the mandates of United States v. Morgan.

Background

Mr. Yadigarov sought the extraordinary remedy of

coram nobis relief in the district court. See Carlisle v.

United States, 517 U.S. 416, 429 (1996) (“ ‘it is difficult

to conceive of a situation in a federal criminal case

11

today where [a writ of coram nobis] would be necessary

or appropriate’ ”) (quoting United States v. Smith, 331

U.S. 469, 475 n. 4 (1947)). “In 1954, the Supreme Court’s

decision in United States v. Morgan, 346 U.S. 502, 74

S. Ct. 247, revived the ancient writ of coram nobis by

holding that the writ was available in federal courts

pursuant to the All Writs Act, 28 U.S.C. § 1651(a).

Since that time the writ has been used as an avenue of

collateral attack when [a] petitioner has completed his

sentence and is no longer ‘in custody’ for purposes of

seeking relief under either 28 U.S.C. § 2241 or § 2255.”

United States v. Dyer, 136 F.3d 417, 422 (5th Cir. 1998).

Mr. Yadigarov presented a good faith ineffective

assistance of counsel claim to the district court. He

filed his petition on February 12, 2020. See Doc. 427.

Unfortunately, just six days later, the court said, on

February 18, 2020, see Doc. 428, that Mr. Yadigarov

should have previously brought his claim under § 2255

and because he hadn’t, his petition for coram nobis

could not move forward. The court used the timing of

Mr. Yadigarov’s petition (roughly filed four months

after he completed his sentence) as a shield to fend

away his complaint. The government, for its part, was

not afforded an opportunity nor received any invitation

to participate in the matter (we don’t know, for

example, whether the government would have excused

the timing of the petition or even forfeited or waived

any timing-like defense or challenge, if one exists at

all). The Eleventh Circuit agreed and upheld the

district court’s order dismissing Mr. Yadigarov’s

petition on this procedural basis. See Appendix.

12

The courts below, taking their cue from United

States v. Morgan, 346 U.S. 502, 74 S. Ct. 247 (1954),

found that Mr. Yadigarov did not provide, nor proffer,

or offer up “sound reasons” that would explain why he

waited until February 2020 to ask for coram nobis

relief (or, implicitly, why a § 2255 motion was not filed

during the time further direct review remained a

possibility).1 In other words, the courts rejected Mr.

Yadigarov’s petition for relief because they said he

could have brought his challenge in an earlier § 2255

post-conviction motion after his direct criminal appeal

had been dismissed (ineffective assistance of counsel

claims, generally, are brought in § 2255 proceedings).

Mr. Yadigarov’s explanation supporting the timing of

his petition, according to the courts below, wasn’t good

enough; the propriety of his petition did not exist given

the timing of its filing. See United States v. Dyer, 136

F.3d 417, 427-428 (5th Cir. 1998) (“[i]t has long been

recognized that a petitioner seeking coram nobis must

exercise ‘reasonable diligence’ in seeking prompt

relief ”) (footnote omitted). This case asks what may

otherwise constitute “sound reasons” for any delay in

pursuing coram nobis relief, as a matter of law, given

this Court’s discussion in Morgan. It also asks what

standard of review correctly answers whether a petitioner provides legally sufficient reasons explaining

1

See Kapral v. United States, 166 F.3d 565, 570 (3rd Cir.

1999) (a “collateral attack is generally inappropriate if the

possibility of further direct review remains open”). In Mr.

Yadigarov’s case, his appeal in Appeal No. 18-14405 (his direct

criminal appeal) was dismissed on February 13, 2019. He

completed his sentence as of October 10, 2019. See Doc. 367.

13

the timing of his or her petition, i.e., why a court should

properly accept a coram nobis petition and render a

decision on the merits. It is Mr. Yadigarov’s continued

position that given all of the surrounding circumstances to his case, there were (there are) “sound

reasons” under Morgan for having filed his petition in

February 2020, if not, moreover, acceptable reasons to

legitimately excuse any perceived delay in filing and to

accept the proceedings for review on the merits – Mr.

Yadigarov exercised reasonable diligence in pursuing

coram nobis relief. This case affords the Court an

excellent vehicle to better explore, examine, and

explain Morgan’s “sound reasons” for delay policy

concerns and to establish a definitive standard of care

the nation’s lower courts should uniformly apply when

deciding whether a procedural bar exists to block or

reject a coram nobis petition’s explanation as to why it

should be accepted and adjudicated. In short, this

Court should grant Mr. Yadigarov’s petition for certiorari – the facts are not in dispute, the record-on-appeal

as it comes to this Court is clean and without complexity, and the issue presented is one of a recurring

national question and concern.

The Accepted Principles on Corum Nobis Relief

The nation’s generally accepted jurisprudence

governing matters involving coram nobis might be

taken from the Second Circuit in Foont v. United

States. There, the court recited:

14

Coram nobis is a not a substitute for appeal,

and relief under the writ is limited to those

cases which errors of the most fundamental

character have rendered the proceeding itself

irregular and invalid. A district court may

issue a writ of error coram nobis pursuant to

the All Writs Act, 28 U.S.C. § 1651(a), where

extraordinary circumstances are present. The

proceedings leading to the petitioner’s conviction are presumed to be correct, and the burden rests on the accused to show otherwise. A

petitioner seeking such relief must demonstrate that 1) there are circumstances

compelling such action to achieve justice, 2)

“sound reasons” exist for failure to seek appropriate earlier relief, and 3) the petitioner

continues to suffer legal consequences from

his conviction that may be remedied by

granting of the writ.

93 F.3d 76, 78-79 (2nd Cir. 1996) (cleaned up); see also,

e.g., Zapata-Banda v. United States, 2011 WL 1113586,

at *3 (S.D. Texas March 7, 2011) (“[i]n United States v.

Morgan, the Supreme Court held that the writ of

coram nobis, which Federal Rule of Civil Procedure

60(b) also had abolished in civil cases, was still

available in criminal proceedings under the All Writs

Act, 28 U.S.C. § 1651(a), where it was need to fill a gap

in the federal post-conviction remedial scheme”)

(citations omitted).

The Fifth Circuit synthesized coram nobis thusly:

In Morgan, the [Supreme] Court emphasized

that the writ of coram nobis could not be used

15

as a substitute for appeal and should only be

employed to correct errors of the most

fundamental character. The Court further

admonished that continuation of litigation

after final judgment and exhaustion or waiver

of any statutory right of review should be

allowed through this extraordinary remedy

only under circumstances compelling such

action to achieve justice. The writ will issue

only when no other remedy is available and

when sound reasons exist for failure to seek

appropriate earlier relief.

United States v. Dyer, 136 F.3d 417, 422 (5th Cir. 1998)

(cleaned up).

In the instant case, the Eleventh Circuit explained

the writ as such:

Federal courts have authority to issue writs of

error coram nobis under the All Writs Act, 28

U.S.C. § 1651(a). A writ of error coram nobis is

a remedy available to vacate a conviction

when the petitioner has served his sentence

and is no longer in custody, as is required for

post-conviction relief under 28 U.S.C. § 2255.

The writ of error coram nobis is an extraordinary remedy of last resort available only in

compelling circumstances where necessary to

achieve justice. The bar for obtaining coram

nobis relief is high, and the writ may issue

only when there is and was no other available

avenue of relief and the error involves a

matter of fact of the most fundamental

character which has not been put in issue

or passed upon and which renders the

16

proceeding itself irregular and invalid. Further, courts may consider coram nobis

petitions only where the petitioner presents

sound reasons for failing to seek relief earlier.

Yadigarov, 840 F. App’x at 490; see also, e.g., United

States v. Obasohan, 318 F. App’x 798, 800 (11th Cir.

2009) (“[a] district court ‘may consider coram nobis

petitions only where no other remedy is available and

the petitioner presents sound reasons for failing to

seek relief earlier’ ”) (quoting Mills, 221 F.3d at 1204).2

Significantly, a claim for ineffective assistance of

counsel is one properly brought in a petition for a writ

of error coram nobis. See generally Chaidez v. United

States, 568 U.S. 342, 345-346 (2013); see also United

2

In the Eleventh Circuit, it is generally accepted that to

warrant coram nobis relief, a petitioner must show: (1) he was not

in custody at the time he filed the petition; (2) there is and was no

other available and adequate avenue of relief; (3) the error alleged

involves a matter of fact of the most fundamental character which

has not been put in issue or passed upon and which renders the

proceeding itself irregular and invalid; and (4) there are sound

reasons for failing to seek relief earlier. See generally United

States v. Mills, 221 F.3d 1201 (11th Cir. 2000); Alikhani v. United

States, 200 F.3d 732 (11th Cir. 2000). Here, the lower courts found

Mr. Yadigarov at fault for not filing a § 2255 petition alleging his

ineffective assistance of counsel claim any time between the

dismissal of his appeal in February 2019, and the time his

supervised release expired in October 2019. Mr. Yadigarov filed

his petition within a year of having his appeal dismissed and less

than 4 months after completing his sentence. He filed it on

February 12, 2020. See Doc. 427. The district court took the

position that by failing “to take advantage of § 2255,” Mr.

Yadigarov “render[ed] his petition frivolous.” Doc. 428, page 3.

The court did not cite any authority to support this declaration or

proposition.

17

States v. Morgan, 346 U.S. 502, 512 (1954); Kovacs v.

United States, 744 F.3d 44, 49 (2nd Cir. 2015) (“ineffective assistance of counsel is one ground for granting a

writ of coram nobis”); United States v. Esogbue, 357

F.3d 532, 534 (5th Cir. 2004) (“ineffective assistance of

counsel, if proven, can be grounds for coram nobis

relief ”). In other words, Mr. Yadigarov may properly

assert a claim for ineffective assistance of counsel in

his petition for coram nobis. See generally, e.g., United

States v. Bejacmar, 217 F. App’x 919, 921 (11th Cir.

2007) (“[w]e further assume that a claim of ineffective

assistance of counsel can supply the basis for a writ of

error coram nobis”) (citing Moody v. United States, 874

F.2d 1575, 1578 nn. 3 & 6 (11th Cir. 1989)).

“Initially,” however, “it must be decided whether [a

petitioner’s] delay in seeking coram nobis renders the

relief sought unavailable.” Foont v. United States, 93

F.3d 76, 79 (2nd Cir. 1996). The Eleventh Circuit also

says that “courts may consider coram nobis petitions

only where no other remedy is available and the

petitioner presents sound reasons for failing to seek

relief earlier.” United States v. Mills, 221 F.3d 1201,

1204 (11th Cir. 2000) (citing Morgan, 346 U.S. at 512)

(footnote omitted); see also Morgan, 346 U.S. 502, 512

(requiring “sound reasons” for a petitioner’s “failure to

seek appropriate earlier relief ”); Telnik, Inc. v. United

States, 24 F.3d 42, 47 (9th Cir. 1994) (“In requiring

reasonable diligence at all times, our holding ensures

a petitioner will not use an analogous limitations

period as a safe haven for prejudicing the government,

willfully delaying the assertion of his or her rights and

18

then raising the claim after the inexcusable delay has

impaired the government’s ability to respond to the

allegations or to proceed to retrial.”); United States v.

Darnell, 715 F.2d 479, 481 n. 5 (7th Cir. 1983) (“The

doctrine of laches adequately protects against ‘sandbagging’ and ensures that coram nobis relief will not

be granted where a petitioner’s inexcusable delay in

raising his claim has prejudiced the government.”).

It is generally accepted that “[b]ecause there is no

applicable statute of limitations for a writ of coram

nobis, a district court considering the timeliness of a

petition ‘must decide the issue in light of the circumstances of the individual case.’ ” Chico v. United States,

703 F. App’x 292, 294 (5th Cir. 2017) (quoting Foont v.

United States, 93 F.3d 76, 79 (2nd Cir. 1996)). “It is

undisputed that ‘[b]ecause a petition for writ of error

coram nobis is a collateral attack on a criminal

conviction, the time for filing a petition is not subject

to a specific statute of limitations.’ ” Foont, 93 F.3d at

79 (quoting Telnik, Inc. v. United States, 24 F.3d 42, 45

(9th Cir. 1994)). “However, an error of constitutional

dimension at the time of plea or sentence renders a

conviction voidable, not void, and coram nobis relief

may be barred by the passage of time. A district court

considering the timeliness of a petition for a writ of

error coram nobis must decide the issue in light of the

circumstances of the individual case.” Id.

Conversely, the Second Circuit in Foont recognized

that:

19

The Seventh and Ninth Circuits have compared Morgan’s “sound reasons” for delay

requirement with the doctrine of laches to

require that the government establish that its

interests were prejudiced by the defendant’s

lack of diligence in pursuing his claim. See,

e.g., Darnell, 716 F.2d at 480 (“a flexible,

equitable time limitation based on the doctrine of laches” is applicable to petitions for

coram nobis relief ); see also Telnik, 24 F.3d at

47 (same). However, we do not read Morgan as

incorporating a laches concept into the

analysis of delay in bringing a coram nobis

petition. The Morgan Court stated only that a

petitioner need demonstrate “sound reasons”

for delay, which we interpret as calling to the

attention of the district court the circumstances surrounding the petitioner’s failure to

raise the issue earlier rather than the

government’s injury that resulted from delay.

The critical inquiry, then, is whether the

petitioner is able to show justifiable reasons

for the delay.

Foont, 93 F.3d at 80; see also Nicks v. United States, 955

F.2d 161, 167 (2nd Cir. 1992) (“[t]he Supreme Court

further instructs coram nobis relief should issue only

when “sound reasons exist[ ] for failure to see appropriate relief ”) (quoting Morgan, 346 U.S. at 512); but

see United States v. Riedl, 496 F.3d 1003, 1005-1006

(9th Cir. 2007) (holding that “the equitable doctrine of

laches that [petitioner] cites under Telnik, we hold that

it does not supplant or restate the second [ ] requirement, but rather constitutes a supplemental defense

20

that the government may invoke when a petitioner

seeks coram nobis relief ”).

The Third Circuit takes a stricter view: “Coram

nobis reflects the tension that so often exists between

finality and equity.” Ragbir v. United States, 950 F.3d

54, 62-63 (3rd Cir. 2020). “While the writ has no rigid

time limit, our caselaw emphasizes that ‘[the] “sound

reason” standard is even stricter than that used to

evaluate § 2255 petitions’ because habeas is generally

the exclusive means to collaterally challenge a federal

conviction or sentence.” Id. at 63 (citation and footnote

omitted).

But, the court in Ragbir noted:

A defendant seeking to avoid the collateral

consequences of a conviction cannot postpone

seeking relief until it appears that a collateral

consequence is imminent. Still, coram nobis is

a remedy of last resort. Consistent with these

principles, a petitioner is not required to

challenge his conviction at the earliest opportunity; the writ only requires a petitioner to

have sound reasons for not doing so. . . . Given

the nature of coram nobis, we must adapt the

principle of timeliness to the facts before us.

950 F.3d at 63 (cleaned up); see also United States v.

Bejacmar, 217 F. App’x 919, 920 (11th Cir. 2007) (“a

district court may consider coram nobis petitions only

where the petitioner presents sound reasons for failing

to seek relief earlier”) (citing United States v. Morgan,

346 U.S. at 512 (holding that “where no other remedy

[is] available and sound reasons existing for failure to

21

seek appropriate earlier relief ” a defendant’s motion

for writ of coram nobis must be heard by the federal

court)).

The Facts are Undisputed, the

Record on Appeal is Clean, and the

Legal Issue is Ripe for Review

Here, the facts of the case chronologically include:

•

Mr. Yadigarov was indicted on August 30,

2017. See Doc. 1.

•

He pled guilty, without a written plea

agreement, on July 23, 2018. See Doc. 312.

•

He moved to withdraw his guilty plea on

October 4, 2018. See Doc. 363.

•

The district court denied his motion on

October 9, 2018. See Doc. 364.

•

Mr. Yadigarov was sentenced to time

served followed by one year of supervised

release on October 10, 2018. See Docs. 367

and 368.

•

Mr. Yadigarov filed his notice of appeal on

October 15, 2018. See Doc. 370.

•

His direct criminal appeal in Appeal No.

18-14405 in the Eleventh Circuit was

dismissed as of February 13, 2019.

•

Mr. Yadigarov’s term of supervised

release expired as of October 10, 2019.

See Doc. 367.

22

•

Mr. Yadigarov filed his petition for writ of

error coram nobis in the district court on

February 12, 2020. See Doc. 427.

•

The district court dismissed his petition

six days later on February 18, 2020. See

Doc. 428.

•

Mr. Yadigarov appealed the district court’s

order to the Eleventh Circuit, see Doc.

429, for which the appellate court affirmed

the lower court’s order just about a year

later in an unpublished decision and

opinion issued on January 8, 2021. See

Appendix, Appeal No. 20-10857.

Mr. Yadigarov argued in his petition:

Mr. Yadigarov is entitled to a writ of error

coram nobis. It is undisputed that Mr. Yadigarov is not in custody, and there can also be no

serious dispute that, in the absence of a

remedy under 28 U.S.C. § 2255, he has no

other available and adequate avenue of relief

from his unconstitutional conviction. In

addition, Mr. Yadigarov had sound reasons for

failing to seek relief earlier. He could not have

sought coram nobis relief while his direct

appeal was pending. And Mr. Yadigarov

sought relief within a year of the date his

conviction became final, which would render

this petition timely if it were filed under 28

U.S.C. § 2255.

Doc. 427, pages 6 and 7.

23

In other words, Mr. Yadigarov filed and sought

coram nobis relief approximately 30 months after he

was indicted; it’s approximately 2 ½ years from the

time of indictment in August 2017, to the time of Mr.

Yadigarov’s petition in February 2020; and, significantly so, Mr. Yadigarov filed his petition in less than

one year from the time his convictions became final.

(Such a filing would have met and satisfied the statute

of limitations for submitting a motion under 28 U.S.C.

§ 2255.) Indeed, one might be hard pressed to suggest

that Mr. Yadigarov did not exercise reasonable

diligence when seeking his desired relief. See Dyer, 136

F.3d at 428 (“[i]t has long been recognized that a

petitioner seeking coram nobis relief must exercise

‘reasonable diligence’ in seeking prompt relief ”). To be

sure, Mr. Yadigarov exercised great care in asking for

prompt resolution to his complaint. A fortiori, there

exists utterly no evidence in the record or slightest

suggestion that the government was prejudiced or

would have been harmed by the timing of Mr.

Yadigarov’s petition. The district court, for its part,

never afforded the government any say in the proceedings and dismissed Mr. Yadigarov’s petition in six

days! See Doc. 428. But for the surrounding circumstances to his case, coram nobis was the only available

relief – the lower courts were mistaken to say that his

failure to ask for § 2255 relief ipso facto meant no

remedy at all. Compare Dyer, 136 F.3d at 429 (“[h]ere

we are faced with nearly a decade of unjustified

delay”), with Morgan, 346 U.S. at 507 (declining to hold

petition untimely even though petitioner waited over

ten years to challenge legality of conviction); and

24

United States v. Tucor International, Inc., 189 F.3d 834,

836-838 (9th Cir. 1999) (petitioner obtained coram

nobis relief after waiting four years, even though

petitioner could have, but did not, raise the same claim

at the time of conviction).

“While courts have not elaborated on what

constitutes a ‘sound’ reason [for delay],” the Ninth

Circuit observed in United States v. Kwan, 407 F.3d

1005, 1013 (9th Cir. 2005), abrogated on other grounds

in Padilla v. Kentucky, 559 U.S. 356 (2010), its “review

of coram nobis cases reveals that courts have denied

relief on this ground where the petitioner has delayed

for no reason whatsoever, where the respondent demonstrates prejudice, or where the petitioner appears to

be abusing the writ.” Kwan, 407 F.3d at 1013; see, e.g.,

Klein v. United States, 880 F.2d 250, 254 (10th Cir.

1989) (petitioner delayed seeking coram nobis relief for

seven years without any explanation, delay caused

prejudice to the government because key witnesses

died, and petitioner was raising claims that had

already been litigated); United States v. Correa-De

Jesus, 708 F.2d 1283, 1286 (7th Cir. 1983) (petitioner

waited sixteen years to re-litigate claim that he had

raised and then dropped on direct appeal); Martinez v.

United States, 90 F. Supp.2d 1072, 1075-1077 (D. Haw.

2000) (petitioner attacking prior conviction on a

ground that he had already litigated and failed to challenge on direct appeal, failed to collaterally challenge

while in custody for that conviction, and failed to

collaterally challenge until six years after receiving

enhanced sentence for a subsequent conviction).

25

Mr. Yadigarov offered legally sufficient reasons

explaining the timing of his coram nobis petition, there

is absolutely no indication the government suffers

from or would have suffered any harm or prejudice

from the timing of Mr. Yadigarov’s petition, and there

is nothing to suggest or support any position that Mr.

Yadigarov is or was abusing the power of the writ. This

case falls squarely within the rule announced in

Morgan. Mr. Yadigarov received a sentence of time

served, to be followed by one year of supervised release.

See Doc. 367. The district court issued the judgment on

October 12, 2018. See id. On February 13, 2019, the

appeals court issued its mandate after Mr. Yadigarov

dismissed his direct appeal. See Doc. 401. Less than a

year later, on February 12, 2020, Mr. Yadigarov petitioned the district court for a writ of error coram nobis,

see Doc. 427, because by that time his sentence of

supervised release had fully expired. A habeas petitioner must be “in custody” under the conviction or

sentence subject to attack at the time the petition is

filed, pursuant to 28 U.S.C. § 2255 (a “prisoner in

custody under sentence of ” a federal court may

challenge convictions and sentences that are, among

other things, “imposed in violation of the Constitution

or laws of the United States”) (emphasis added); see

also Maleng v. Cook, 490 U.S. 488, 490-491 (1989).3

3

The Third Circuit has opined that a “collateral attack is

generally inappropriate if the possibility of further direct review

remains open.” Kapral v. United States, 166 F.3d 565, 570 (3rd

Cir. 1999). The Ninth Circuit has explained the rationale for this

rule as follows:

26

Where a habeas petitioner’s sentence has “fully

expired” at the time his § 2255 motion is filed, a district

court lacks subject matter jurisdiction to consider the

petition. See Maleng, 488 U.S. at 492-493 (“that once

the sentence imposed for a conviction has completely

expired, the collateral consequences of that conviction

are not themselves sufficient to render an individual

‘in custody’ for the purpose of a habeas attack upon it”);

United States v. Verrusio, 758 F. App’x 2, 3 (D.C. Cir.

2019) (applying Maleng to § 2255); Esogbue, 357 F.3d

at 534 (same). A petitioner’s immigration status

constitutes a collateral consequence of his conviction

that is insufficient to satisfy the “in custody” requirement for federal habeas corpus proceedings. See

Kandiel v. United States, 964 F.2d 794, 796 (8th Cir.

1992) (holding that deportation proceedings constitute

a collateral consequence of the conviction insufficient

to satisfy in custody requirement for § 2255 proceedings); United States v. Montoya, 891 F.2d 1273, 1293

(7th Cir. 1989); United States v. Romero-Vilca, 850 F.2d

A district court should not entertain a habeas corpus

petition while there is an appeal pending in [the court

of appeals] or in the Supreme Court. The reason for the

rule is that disposition of the appeal may render the

[habeas corpus writ] unnecessary. This is true if the

appeal is still pending [in the court of appeals]. . . . It is

even more appropriate . . . when review of the

conviction is pending before the Supreme Court.

Feldman v. Henman, 815 F.2d 1318, 1320-1321 (9th Cir. 1987)

(internal quotation marks and citations omitted); see also Jones

v. United States, 453 F.2d 351, 352 (5th Cir. 1972) (§ 2255 remedy

unavailable because of the pendency of petitioner’s direct

criminal appeal).

27

177, 179 (3rd Cir. 1988); Fruchtman v. Kenton, 531 F.2d

946, 949 (9th Cir. 1976); United States v. Castro, 26 F.3d

557, 559 n. 3, 561 n. 8 (5th Cir. 1994). While he faced

deportation due to his convictions, Mr. Yadigarov was

not “in custody” when he filed his petition for writ of

error coram nobis. That is because the sentence of

supervised release had fully expired when he petitioned the district court for relief, and he had no

significant impingement on his freedom of movement.

See Verrusio, 758 F. App’x at 3 (“[f ]or petitioners released from a prison or detention facility, the Supreme

Court has found custody only when they demonstrated

a significant impingement on their freedom of

movement”) (citing, inter alia, Justices of Bos. Mun. Ct.

v. Lydon, 466 U.S. 294, 300-302 (1984), and Jones v.

Cunningham, 371 U.S. 236, 238-239 (1963)). Had Mr.

Yadigarov filed the petition as a motion to vacate, set

aside or correct his conviction pursuant to § 2255, the

district court would have lacked subject matter

jurisdiction to adjudicate it. See Verrusio, 758 F. App’x

at 3. Hence, the petition for writ of error coram nobis

was the only procedural vehicle available to him, and

the courts below reversibly erred when deciding that

Mr. Yadigarov was procedurally barred from submitting the petition simply because it was filed approximately four months after his sentence was completed.

See Esogbue, 357 F.3d at 534.

Mr. Yadigarov filed his petition for writ of error

coram nobis less than one year from the date his

convictions became final during the Spring 2020,

which corresponds to the timeframe within which

28

defendants can file habeas petitions under § 2255. Mr.

Yadigarov filed his petition well before the expiration

of the one-year deadline applicable to § 2255 petitions,

which would have ordinarily begun to run 90 days4

after the dismissal of his appeal on February 13, 2018.

See generally Griffith v. Kentucky, 479 U.S. 314 (1987)

(explaining that when a defendant does not seek a

writ of certiorari, the judgment of conviction becomes

final upon the expiration of the time allowed for

certiorari review); Latham v. United States, 527 F.3d

651 (7th Cir. 2008) (following voluntary dismissal of

direct appeal, AEDPA limitation period did not begin

to run until 90 days for seeking certiorari review

expired); United States v. Gentry, 432 F.3d 600, 604 n. 2

(5th Cir. 2005); see also 28 U.S.C. § 2101(c) (allowing

for 90 days, post-conviction, for certiorari review). It

would be arbitrary and irrational to hold that

individuals such as Mr. Yadigarov, who have received

lenient sentences, are time-barred from challenging

their convictions, while other individuals, who are

identically situated but serving longer sentences, could

obtain relief under § 2255. This Court should direct

4

Noteworthy for this instant petition, this Court entered an

order in March 2020 to recognize the COVID-19 pandemic

extending the time in which to file a petition for a writ of certiorari

from 90-days up to 150-days from the date of the lower court

judgment relief is sought. See 589 U.S. ___, Court’s Order (March

19, 2020) (“[i]n light of the ongoing public health concerns relating

to COVID-19, the following shall apply to cases prior to a ruling

on a petition for a writ of certiorari: It is ordered that the deadline

to file any petition for a writ of certiorari due on or after the date

of this order is extended to 150 days from the date of the lower

court judgment”).

29

that such anomalous results should be avoided, which

would effectively truncate the time-period for an entire

class of individuals who would otherwise be permitted

to raise ineffective assistance of counsel claims.

The facts of this case as they come to the Court are

without dispute. The record on appeal is straightforward and without complexity. The issue presented

is purely legal and brings with it more than 60 years’

worth of jurisprudence by which to examine the

question. Among other requirements to filing a petition

for a writ of error corum nobis, a petitioner must

proffer “sound reasons” for any perceived delay in

pursuing the claim or claims presented. Nationally, the

courts below have discussed and explored myriad

bases that would or would not constitute “sound

reasons” as contemplated by Morgan. Here, in the case

at bar, the lower courts took a position that simply

because Mr. Yadigarov could have or at least had

available to him a small window of opportunity while

he was under court supervision to file a 28 U.S.C.

§ 2255 post-conviction motion, he should have – because he didn’t he was necessarily barred from pursuing corum nobis relief even within 4 months of

having completed his sentence, and, even within a

year’s time of his convictions having becoming final.

This Court should grant Mr. Yadigarov’s petition for a

writ of certiorari because the question presented is

nationally relevant, it is a subject ripe for review (what

is meant by a “sound reason” for delay(?)), and presents

itself as a repetitive issue this Court is best positioned

to address. Given Mr. Yadigarov’s reasonable diligence

30

in prosecuting his claims to challenge his criminal

convictions, there were certainly “sound reasons” why

his petition for corum nobis should have been accepted

and his case allowed to move forward on its merits.

---------------------------------♦---------------------------------

CONCLUSION

For the foregoing reasons, the petition should be

granted.

Respectfully submitted,

FRITZ SCHELLER, ESQ.

FRITZ SCHELLER, P.L.

200 East Robinson Street

Suite 1150

Orlando, Florida 32801

(407) 792-1285

fscheller@flusalaw.com

Counsel for Petitioner Yadigarov

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Petition for Writ of Certiorari — Zafar Bakhramovich Yadigarov, Petitioner v. United States | Frix