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United States v. Hansen

Citations: 906 F. Supp. 688; 1995 U.S. Dist. LEXIS 18511; 1995 WL 727791Docket: Crim. A. 83-00075 (JHG)

Court: District Court, District of Columbia; December 5, 1995; Federal District Court

Narrative Opinion Summary

In this case, a former U.S. Congressman petitioned for the vacatur of his 1984 conviction under the False Statements Act (18 U.S.C. § 1001), seeking relief through a writ of error coram nobis. The petitioner had completed his sentence for this conviction, which had subsequently been used to enhance a 1993 sentence for bank fraud. The court granted the writ, vacating the 1984 conviction and ordering the repayment of $40,000 in fines, citing the Supreme Court's decision in Hubbard v. United States, which limited § 1001's application and required retroactive application to prevent a miscarriage of justice. The court, however, denied the petitioner's motion to amend the 1993 sentence and his request for interest on the refunded fines, stating that relief under 28 U.S.C. § 2255 must be sought in the court that imposed the 1993 sentence. The court affirmed that § 1001 does not cover false statements made to the House of Representatives, thereby invalidating the original conviction. The decision emphasized the limitations of § 1001's applicability, aligning with the corrected interpretation post-Hubbard and recognizing the writ of error coram nobis as an appropriate remedy in light of the changed legal landscape.

Legal Issues Addressed

Jurisdiction Under 28 U.S.C. § 2255

Application: Petitioner's motion for relief under 28 U.S.C. § 2255 was denied due to lack of jurisdiction, as he was challenging the sentence for which he is currently in custody.

Reasoning: The petitioner has filed for relief under 28 U.S.C. 2255, a request denied due to lack of jurisdiction since he is only challenging the sentence for which he is currently in custody.

Limitations on the Applicability of 18 U.S.C. § 1001

Application: The court found that false statements made to the House of Representatives are not covered by 18 U.S.C. § 1001, based on the Supreme Court’s decision in Hubbard.

Reasoning: The Court of Appeals had also determined that the petitioner's conviction stemmed from false statements made to a House Committee, which is classified as a 'department.'

Repayment of Fines Under the Tucker Act

Application: The court granted monetary relief under the Tucker Act, ordering the repayment of fines paid for the 1984 conviction.

Reasoning: The Court can grant monetary relief under the Tucker Act, allowing the return of fines paid, but cannot award interest on these amounts.

Retroactive Application of Supreme Court Decisions

Application: The court applied the Supreme Court's decision in Hubbard retroactively, which decriminalized the petitioner’s conduct under 18 U.S.C. § 1001, thus invalidating the 1984 conviction.

Reasoning: Citing Davis v. United States, the Court concluded that Hubbard’s ruling must be applied retroactively, as failing to do so would result in a complete miscarriage of justice.

Writ of Error Coram Nobis

Application: The court granted the writ of error coram nobis, vacating the 1984 conviction and ordering repayment of the $40,000 in fines.

Reasoning: The court granted the writ of error coram nobis, vacating the 1984 conviction and ordering repayment of the $40,000 in fines.