Judge Carol Amon
Convicted in 2008 of visa fraud violating 18 USC §§371 and 1546(a), Shishkin was sentenced to 33 months in prison and three years’ supervision. After competing his prison sentence in 2009 Shishkin was deported to Russia. His wife and daughter remain in the United States. District court denied Shishkin 28 USC §2255 habeas relief. Upon completion of his sentence, ICE took Shishkin into custody pending deportation. The probation department placed his case on “inactive status.” By the time he sought §2255 relief, Shishkin had already been deported and was not “in custody” for §2255 purposes. Thus the court lacked jurisdiction to consider his petition. It further declined to construe his petition as seeking a writ of error coram nobis. Although his inability to rejoin his wife and daughter is a continuing legal consequence of his conviction, all of his claims—except for counsel’s ineffectiveness—could have been or were in fact raised on direct appeal. Shishkin also failed to show “compelling circumstances” warranting coram nobis relief. The court properly applied U.S. Sentencing Guidelines §2L2.1 to Shishkin’s §1546(a) conviction. The court also rejected Shishkin’s various assertions underlying his prosecutorial misconduct claim.
