Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Grimes

August 17, 2007

UNITED STATES OF AMERICA
v.
MICHAEL D. GRIMES



ORDER

Presently before the Court is Defendant Michael D. Grimes' pro se Motion for Expungement.

A district court has the power to expunge a criminal record under the Civil Rights Act,*fn1 the habeas corpus statutes,*fn2 the statutory preservation under the All Writs Act of a district court's authority to issue a writ of error coram nobis*fn3 to correct an unlawful conviction, or the Constitution itself.*fn4 United States v. Sumner, 226 F.3d 1005, 1012 (9th Cir. 2000). Congress has also enacted statutes that expressly authorize a district court to order expungement or to correct an inaccurate government record,*fn5 and it has provided federal courts with limited jurisdiction to grant a new trial,*fn6 to correct a sentence,*fn7 or to reduce a sentence to reflect the assistance that a defendant has given the Government.*fn8 Id. However, it is clear that federal district courts lack subject matter jurisdiction to expunge a criminal record based solely on equitable grounds. United States v. Meyer, 439 F.3d 855 (8th Cir. 2006). "[A] district court's ancillary jurisdiction is limited to expunging the record of an unlawful arrest or conviction, or to correcting a clerical error." Sumner, 226 F.3d at 1014.

The Court's records indicate that Defendant pled guilty to Bankruptcy Fraud on July 16, 2002. On October 10, 2002, he was placed on probation for one year, and a $100 special assessment was imposed. On August 15, 2007, Defendant filed his Motion for Expungment, which states, "I am writing to ask you if you can expung[e] the charges that were filed against me July 16, 2002. I have not been in any trouble since that time and have no contact with my borthrs since. I am sending copy of character affidavit to help me and show you I have been in no trouble since that time." Defendant has not stated any grounds for expungement. Therefore, Defendant's motion is denied.

Accordingly,

IT IS THEREFORE ORDERED THAT Defendant's Motion for Expungement (Docket No. 11) be, and it is hereby, DENIED.

Dated this 17th day of August, 2007.

Garnett Thomas Eisele UNITED STATES ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.