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United States of America v. Richard J. George

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Before Boudin, Selya and Stahl, Circuit Judges.

A Hail Mary pass in American football is a long forward pass made in desperation at the end of a game, with only a small chance of success. The writ of error coram nobis is its criminal-law equivalent. This appeal requires us to explore the intricacies of the writ, sift through the considerations that inform a determination to unleash that extraordinary remedy, and assess the extent to which discretion can influence a reviewing court’s decision about coram nobis relief. We conclude that a flexible, common-sense approach to coram nobis relief is warranted and that, in the last analysis, we have discretion to withhold the remedy where the interests of justice so dictate. Applying this principle to the case at hand, we affirm the district court’s denial of the writ.

I. BACKGROUND

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