Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. 7:10-cv-00269, Criminal Action No. 3:94-cr-00061-1. Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Power To Grant Writ Judiciary And Judicial Procedure — General Provisions — Procedure — Writs Crimes And Criminal Procedure — General Provisions — Criminal Procedure — Adequate Representation Of Defendants See more information ... Smart Summary Please sign up to generate summary. ROBERT LEE BRUCE, JR., Petitioner, v. DAVID EBERT, Respondent. UNITED STATES OF AMERICA ORDER JAMES TURK, District Judge In accordance with the written memorandum opinion entered this day, it is hereby ORDERED that: 1) Petitioner's petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, is CONSTRUED as a petition for a writ of error coram nobis, pursuant to 28 U.S.C. § 1651(a). 2) Petitioner is GRANTED a writ of error coram nobis. 3) Petitioner's conviction for Count Two of the indictment is VACATED. 4) The Clerk shall REFUND any payment made toward the special assessment for Count Two. 5) The Clerk shall no sooner than sixty days from the date of this order SCHEDULE a sentencing hearing in Roanoke. 6) The Clerk shall, at the time the Clerk schedules the sentencing hearing, arrange for the appointment of counsel, pursuant to 18 U.S.C. § 3006A. 7) The United States shall timely DELIVER the petitioner to the sentencing hearing. 8) The Probation Office shall PREPARE an updated presentence investigation report and deliver it to the appropriate parties no sooner than when the sentencing hearing is scheduled. 9) The Clerk shall DOCKET this order and the accompanying memorandum opinion in both 3:94-cr-00061-1 and 7:10-cv-00269. 10) Any pending motion in 7:10-cv-00269 shall be TERMINATED and that action shall be STRICKEN from the active docket of the court. 11) The Clerk shall NOT DOCKET any more documents in 7:10-cv-00269, and all relevant documents and proceedings concerning this matter shall be noted in the criminal action in order to manage the litigation, pursuant to United States v. Morgan, 346 U.S. 502, 506 n. 4 (1954). 12) The Clerk shall not presently assign the entire criminal action to the undersigned. The Clerk is directed to send copies of this order and the accompanying memorandum opinion to the petitioner and counsel of record for the United States. ENTER: This 20th day of October, 2010.