Mohammed Ibrahim Kandiel A/K/A Jeff Soun Howard v. United States, 964 F.2d 794 (8th Cir. 1992). · Go Syfert
Mohammed Ibrahim Kandiel A/K/A Jeff Soun Howard v. United States, 964 F.2d 794 (8th Cir. 1992). Cases Citing This Book View Copy Cite
“because kandiel's sentence was fully expired by the time he filed his section 2255 motion and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not 'in custody for puqposes of section 2255.”
35 citation events (26 in the last 25 years) across 15 distinct courts.
Strongest positive: Rawlins v. State (kanctapp, 2008-05-16)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Rawlins v. State
Kan. Ct. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
because kandiel's sentence was fully expired by the time he filed his section 2255 motion and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not 'in custody for puqposes of section 2255.
discussed Cited as authority (rule) Whitehouse v. United States
D. Neb. · 2024 · confidence medium
A writ of coram nobis is an “extraordinary remedy” available “only under circumstances compelling such action to achieve justice” and to correct errors “of the most fundamental character.” Morgan, 346 U.S. at 511–12 (internal quotation omitted). “[A] petitioner must show a compelling basis before coram nobis relief will be granted, and the movant ‘must articulate the fundamental errors and compelling circumstances for relief in the application for coram nobis.’” Camacho-Bordes, 94 F.3d at 1173 (internal citation omitted) (quoting Kandiel v. United States, 964 F.2d 794, 79…
discussed Cited as authority (rule) Hines v. United States
E.D. Mo. · 2021 · confidence medium
With regard to this requirement, a petitioner is not in custody “where the sentence imposed for the conviction has fully expired.” Kandiel v. United States, 964 F.2d 794, 796 (8th Cir. 1992) (citing Maleng v. Cook, 490 U.S. 488 , 490–91(1989)).
cited Cited as authority (rule) Jallah v. North Dakota, State of
D.N.D. · 2019 · confidence medium
See Maleng, at 492; Ogunwomoju v. U.S., 512 F.3d 69, 74-75 (Sth Cir. 2008); Kandiel v. U.S., 964 F.2d 794, 796 (8th Cir. 1992).
discussed Cited as authority (rule) State of Iowa v. Victor Hernandez-Galarza
Iowa · 2015 · confidence medium
See, e.g., Llovera-Linares v. Florida, 559 Fed.Appx. 949, 951-52 (11th Cir.2014) (per cu-riam) (holding defendant was not in custody for federal habeas purposes when the sentence on his state conviction had expired before he filed his federal habeas petition, despite the fact that he was later detained by immigration authorities because of the conviction); Ogunwomoju v. United States, 512 F.3d 69, 74 (2d Cir.2008) (same); Broomes v. Ashcroft, 358 F.3d 1251, 1254-55 (10th Cir. 2004) (same), abrogated on other grounds by Padilla, 559 U.S. at 365 & n. 9, 374, 130 S.Ct. at 1481 & n. 9, 1486, 176 L…
discussed Cited as authority (rule) State v. Favela
N.M. Ct. App. · 2013 · confidence medium
In Maleng v. Cook, 490 U.S. 488, 492 (1989), the United States Supreme Court stated 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 purposes of a habeas attack upon it.” Federal circuit courts have relied on Maleng in determining that “one held in immigration detention is not ‘in custody’ for the purpose of challenging a state conviction[.]” Ogunwomoju v. United States, 512 F.3d 69, 75 (2d Cir. 2008); see Resendiz v. Kovensky, 416 F.…
discussed Cited as authority (rule) State v. Favela
N.M. Ct. App. · 2013 · confidence medium
In Maleng v. Cook, 490 U.S. 488, 492 (1989), the United States Supreme Court stated 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 purposes of a habeas attack upon it.” Federal circuit courts have relied on Maleng in determining that “one held in immigration detention is not ‘in custody’ for the purpose of challenging a state convictionf.]” Ogunwomoju v. United States, 512 F.3d 69, 75 (2d Cir. 2008); see Resendiz v. Kovensky, 416 F.…
discussed Cited as authority (rule) Mainali v. Virginia (2×)
E.D. Va. · 2012 · confidence medium
See, e.g., Ogunwomoju v. United States, 512 F.3d 69, 75 (2d Cir.2008) (noting that “[r]emoval proceedings are at best a collateral consequence of conviction”); Resendiz, 416 F.3d at 957 (recognizing that "immigration consequences of a state conviction continue to be collateral^] ... [as] these consequences arise from the action of an independent agency — indeed, in the case of a state conviction, an independent sovereign — and are consequences over which the state trial judge has no control whatsoever”) (emphasis in original) (citation omitted); United States v. Esoghue, 357 F.3d 532…
discussed Cited as authority (rule) Ogunwomoju v. United States
2d Cir. · 2008 · confidence medium
See Resendiz v. Kovensky, 416 F.3d 952, 956-58 (9th Cir.2005); Broomes v. Ashcroft, 358 F.3d 1251, 1254 (10th Cir.2004); cf. United States v. Esogbue, 357 F.3d 532, 534 (5th Cir.2004)(holding that immigration detention is not “custody” for the purposes of a habeas petition challenging a federal conviction under 28 U.S.C. § 2255 ); Kandiel v. United States, 964 F.2d 794, 796 (8th Cir.1992) (same).
discussed Cited as authority (rule) Ogunwomoju v. United States
2d Cir. · 2008 · confidence medium
See Resendiz v. 8 Kovensky, 416 F.3d 952 , 956–58 (9th Cir. 2005); Broomes v. 9 Ashcroft, 358 F.3d 1251, 1254 (10th Cir. 2004); cf. United States 10 v. Esogbue, 357 F.3d 532, 534 (5th Cir. 2004)(holding that 11 immigration detention is not “custody” for the purposes of a 12 habeas petition challenging a federal conviction under 28 U.S.C. 13 § 2255); Kandiel v. United States, 964 F.2d 794, 796 (8th Cir. 14 1992) (same). 15 Removal proceedings are at best a collateral consequence of 16 conviction, and we must bear in mind “that once the sentence 17 imposed for a conviction has completel…
discussed Cited as authority (rule) Ajadi v. Commissioner of Correction
Conn. · 2006 · signal: cf. · confidence medium
Cf. Kandiel v. United States, 964 F.2d 794, 796 (8th Cir. 1992) (per curiam) (“[bjecause [the petitioner’s] sentence was fully expired by the time he filed his [federal habeas petition] and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not ‘in custody’ ”); Neyor v. Immigration & Naturalization Service, 155 F. Sup. 2d 127, 131-34 (D.N.J. 2001) (petitioner not in custody on expired state conviction, despite deportation proceedings predicated on that conviction).
discussed Cited as authority (rule) State v. Paredez
N.M. · 2004 · confidence medium
See Broomes v. Ashcroft, 358 F.3d 1251 , 1257 n. 4 (10th Cir.2004) (citing with approval cases from sister circuits holding, that the trial court is under no duty to inform defendants of the immigration consequences of their guilty pleas); Kandiel v. United States, 964 F.2d 794, 796 (8th Cir. 1992) (same). {10} The circuit courts have reached their conclusions notwithstanding relatively recent federal changes in the law that make deportation virtually automatic for certain offenses.
discussed Cited as authority (rule) Hunter v. United States
D.N.D. · 2004 · confidence medium
In order to obtain coram nobis relief, a person “ ‘must articulate the fun damental errors and compelling circumstances.’ ” Morgan, 346 U.S. at 512 , 74 S.Ct. 247 (quoting Kandiel v. United States, 964 F.2d 794, 797 (8th Cir.1992)).
discussed Cited as authority (rule) United States v. Carlos Camacho-Bordes (2×)
8th Cir. · 1996 · confidence medium
Accordingly, a petitioner must show a compelling basis before coram nobis relief will be granted, see Kandiel v. United States, 964 F.2d 794, 797 (8th Cir.1992), and the movant "must articulate the fundamental errors and compelling circumstances for relief in the application for coram nobis." Id.
discussed Cited as authority (rule) United States v. Camacho-Bordes
8th Cir. · 1996 · confidence medium
Accordingly, a petitioner must show a compelling basis before coram nobis relief will be granted, see Kandiel v. United States, 964 F.2d 794, 797 (8th Cir. 1992), and the movant "must articulate the fundamental errors and compelling circumstances for relief in the application for coram nobis." Id.
cited Cited as authority (rule) Larry Tufte v. United States
8th Cir. · 1994 · confidence medium
Kandiel v. United States, 964 F.2d 794, 796-97 (8th Cir. 1992) (quoting United States v. Morgan, 346 U.S. 502, 511, 512 (1954)).
discussed Cited as authority (rule) Chukwurah v. United States
E.D.N.Y · 1993 · confidence medium
See United States v. United States Currency in the Amount of $228,-536, 895 F.2d 908, 915 (2d Cir.), cert. denied, 495 U.S. 958 , 110 S.Ct. 2564 , 109 L.Ed.2d 747 (1990); United States v. Hernandez, 588 F.2d 346, 351-52 (2d Cir.1978); Kandiel v. United States, 964 F.2d 794, 796 (8th Cir.1992); see also Del Rosario, 902 F.2d at 59 ; Santos, 880 F.2d at 943-45 .
discussed Cited "see" Bakhtiari v. United States (2×)
E.D. Mo. · 2025 · signal: see · confidence high
See Kandiel v. United States, 964 F.2d 794, 797 (8th Cir. 1992) (per curiam) (“[T]he movant must articulate the . . . compelling circumstances for relief in the application for coram nobis.”).
discussed Cited "see" Shaw v. Kahl (2×) also: Cited "see, e.g."
E.D. Mo. · 2020 · signal: see · confidence high
See Kandiel, 964 F.2d at 796 .
cited Cited "see" Harding v. United States
D.S.D. · 2018 · signal: see · confidence high
(Docket 19 at pp. 5-10); see Kandiel v. United States, 964 F.2d 794, 794-98 (8th Cir. 1992).
cited Cited "see" Richard Bower v. United States
8th Cir. · 2015 · signal: see · confidence high
See Kandiel v. United States, 964 F.2d 794, 796 (8th Cir.1992) (per curiam) (motion seeking to vacate *521 conviction where sentence was already expired should be treated as coram nobis petition).
discussed Cited "see, e.g." Larry E. Windeknecht v. State of Missouri
E.D. Mo. · 2026 · signal: see also · confidence medium
See also Kandiel v. United States, 964 F.2d 794, 796 (8th Cir. 1992) (stating that in a federal criminal case, a defendant who is no longer in custody may be able to challenge his conviction by means of a petition for writ of coram nobis).
discussed Cited "see, e.g." Harvey v. People of the City of New York
E.D.N.Y · 2006 · signal: see, e.g. · confidence medium
See, e.g., Kandiel v. United States, 964 F.2d 794, 796 (8th Cir.1992) (“Because [petitioner’s] sentence was fully expired by the time he filed his Section 2255 motion and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not ‘in custody’ for the purposes of Section 2255.”); United States v. Esogbue, 357 F.3d 532, 534 (5th Cir.2004) (finding that a petitioner did not satisfy the “in custody” requirement of Section 2255 even though he was facing the collateral consequence of deportation); Cuevas v. People, 2002 WL 206985 (S…
discussed Cited "see, e.g." Abimbola v. United States
E.D.N.Y · 2005 · signal: see, e.g. · confidence medium
See, e.g., Kandiel v. United States, 964 F.2d 794, 796 (8th Cir.1992) (“Because [petitioner’s] sentence was fully expired by the time he filed his Section 2255 motion and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not ‘in custody’ for the purposes of Section 2255.”); United States v. Esogbue, 357 F.3d 532, 534 (5th Cir.2004) (finding that a petitioner did not satisfy the “in custody” requirement of Section 2255 even though he was facing the collateral consequence of deportation); Cuevas v. People, 2002 WL 206985 (S…
Retrieving the full opinion text from the archive…
Mohammed Ibrahim KANDIEL A/K/A Jeff Soun Howard, Appellant,
v.
UNITED STATES of America, Appellee
91-1998.
Court of Appeals for the Eighth Circuit.
May 18, 1992.
964 F.2d 794
Douglas Peine, St. Paul, Minn., for appellant., Joseph T. Walbran, Minneapolis, Minn., argued (Nathan Ratcliff, on brief), for appellee.
Fagg, Beam, Hansen.
Cited by 26 opinions  |  Published
PER CURIAM.

On August 30, 1990, Mohammed Ibrahim Kandiel, filed a motion pursuant to 28 U.S.C. § 2255 (1988) to vacate, set aside, or correct a sentence of 42 months’ imprisonment that he received on August 27, 1987, for numerous convictions. The district court denied Kandiel’s section 2255 motion and Kandiel appeals. We affirm the. district court’s denial of post-conviction relief.

I. BACKGROUND

Kandiel was convicted of thirteen counts of various firearms offenses in violation of 18 U.S.C. § 922(g)(5); 18 U.S.C.App. § 1202(a)(5); 26 U.S.C. §§ 5861, 5871; making false statements in applications for passports in violation of 18 U.S.C. § 1542; making a false representation of citizenship in enlisting in the United States Army Reserve in violation of 18 U.S.C. § 911; and making false statements in applications for federal firearms dealer and import licenses in violation of 18 U.S.C. § 924(a). Kandiel’s convictions were affirmed on direct appeal. See United States v. Kandiel, 865 F.2d 967 (8th Cir.1989). At the time Kandiel filed his section 2255 motion, his sentence for these convictions had' fully expired. He is currently being held by the Immigration and Naturalization Service (INS) pending deportation based on his con[*796] victions. See 8 U.S.C.A. § 1251 (West Supp.1992).

In his section 2255 motion, Kandiel essentially claimed that he was Jeff Soun Howard, a United States citizen, not Mohammed Ibrahim Kandiel, an Egyptian national. Kandiel asserted four grounds of relief, all based on new evidence: (1) the prosecution failed to disclose evidence in its possession showing that the movant was not an Egyptian national; (2) the government’s “star witness,” Ahmed Kamal Ibrahim Ali Kandiel, has recanted his testimony because the government failed to fulfill an agreément with him; (3) the death certificate of Mohammed Ibrahim Kandiel shows he died on August 14, 1984, and thus, the movant could not possibly be he; (4) without the testimony of Ahmed Kandiel, the government’s remaining evidence against the movant was insufficient to prove his alienage. The district court, however, held that Kandiel’s detention by the INS did not constitute “custody” for purposes of section 2255 and, therefore, denied his motion without addressing the merits.

II. DISCUSSION

Kandiel initially claims that the district court erred in ruling that he was not in custody for purposes of section 2255. The Supreme Court, however, has held that a movant is not in custody under a conviction for the purpose of habeas corpus attack where the sentence imposed for the conviction has fully expired. Maleng v. Cook, 490 U.S. 488, 490-91, 109 S.Ct. 1923, 1925-26, 104 L.Ed.2d 540 (1989). The Maleng Court further held that adverse collateral consequences, of a conviction, such as enhancement of a sentence for a subsequent conviction, are not sufficient to render an individual in custody. Id. at 492, 109 S.Ct. at 1926. Although Maleng involved a request for habeas corpus relief under section 2254, its analysis applies to section 2255 as well. See Heflin v. United States, 358 U.S. 415, 421, 79 S.Ct. 451, 454-55, 3 L.Ed.2d 407 (1959).

This court has already indicated that subsequent deportation proceedings are merely a collateral consequence of a conviction. See Bruno v. United States, 474 F.2d 1261, 1262 (8th Cir.1973) (per curiam) (dictum). This view is consistent with the weight of authority on the issue. See United States v. Montoya, 891 F.2d 1273, 1293 (7th Cir.1989); United States v. Romero-Vilca, 850 F.2d 177, 179 (3d Cir. 1988); Fruchtman v. Kenton, 531 F.2d 946, 949 (9th Cir.), cert. denied, 429 U.S. 895, 97 S.Ct. 256, 50 L.Ed.2d 178 (1976); United States v. Santelises, 509 F.2d 703, 704 (2d Cir.1975) (per curiam). Because Kandiel’s sentence was fully expired by the time he filed his section 2255 motion and the current deportation proceedings against him are merely a collateral consequence of his conviction, he is not “in custody” for the purposes of section 2255.

Kandiel next argues that if relief under section 2255 was not available to him, the district court should have treated his motion as one for the writ of error coram nobis and granted him relief. See 28 U.S.C. § 1651 (1988); United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248 (1954), We agree to the extent that the district court should have considered whether coram nobis relief was proper. See United States v. Little, 608 F.2d 296, 299 (8th Cir.1979) (treating petition for coram nobis as petition for relief under section 2255), cert. denied, 444 U.S. 1089, 100 S.Ct. 1053, 62 L.Ed.2d 777 (1980); cf. United States v. Nagaro-Garbin, 653 F.Supp. 586, 588-89 (E.D. Mich.) (treating section 2255 motion by INS detainee whose sentence had expired as motion for coram nobis), aff'd, 831 F.2d 296 (6th Cir.1987). Any error by the district court, however, was harmless.

In United States v. Morgan, the Supreme Court emphasized that federal courts should review judgments through the “extraordinary remedy [of coram nobis) only under circumstances compelling such action to achieve justice” and to correct errors “ ‘of the most fundamental character.’ ” Morgan, 346 U.S. at 511, 512, 74 S.Ct. at 252-53, 253 (quoting United States v. Mayer, 235 U.S. 55, 69, 35 S.Ct. 16, 19-20, 59 L.Ed. 129 (1914)). Based on Morgan, the Eighth Circuit has required[*797] movants to show a compelling basis for coram nobis relief. See, e.g., Bruno, 474 F.2d at 1263; McFadden v. United States, 439 F.2d 285, 287 (8th Cir.1971). [1] In McFadden, we emphasized that the movant must articulate the fundamental errors and compelling circumstances for relief in the application for coram nobis.

We do not believe that Kandiel has sufficiently articulated fundamental errors or compelling circumstances to justify coram nobis relief. As to his first claim of error, Kandiel does not identify the nature of the exculpatory evidence, nor does he assert that the evidence constitutes positive proof of his United States citizenship. Kandiel's second claim also fails to state a fundamental error. This court views recanted testimony with considerable skepticism. E.g., Hall v. Lockhart, 806 F.2d 165, 168 (8th Cir.1986); Lindhorst v. United States, 658 F.2d 598, 602 n. 5 (8th Cir.1981), cert. denied, 454 U.S. 1153, 102 S.Ct. 1024, 71 L.Ed.2d 309 (1982). Moreover, Kandiel has failed to support this purely conclusory claim with an affidavit from the witness. Relief, therefore, is not proper. See Little, 608 F.2d at 300 (denying section 2255 motion on similar basis). Kandiel’s third claim also is insufficient because even if authentic, the death certificate merely proves that a person named “Mohammed Ibrahim Kandiel” died in 1984. It does not demonstrate that Kandiel is a United States citizen. Finally, Kandiel’s fourth claim fails to state a fundamental error because it rests directly on his insufficient second claim. Consequently, Kandiel has failed to show that coram nobis relief is required to achieve justice.

III. CONCLUSION

Because Kandiel has failed to articulate fundamental errors and compelling circumstances justifying coram nobis relief, we affirm the district court’s denial of post-conviction relief.

1

. The government contends that coram nobis relief is not available for claims based on newly discovered evidence and cites United States v. Mayer, 235 U.S. 55, 69, 35 S.Ct. 16, 19-20, 59 L.Ed. 129 (1914). Appellee’s Brief at 7. Mayer, however, predates Morgan, which defined the modern scope of the writ in federal court. Moreover, this court has indicated that coram nobis is available to challenge a conviction on such grounds. See Azzone v. United States, 341 F.2d 417, 419 (8th Cir.) (per curiam), cert. denied, 381 U.S. 943, 85 S.Ct. 1782, 14 L.Ed.2d 706 (1965) and 390 U.S. 970, 88 S.Ct. 1090, 19 L.Ed.2d 1180 (1968).