* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4.

1 See 41 U.S.C. §§ 53, 54 (2001).

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-20885

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

AUGUSTINE ANTHONY VERRENGIA,

Defendant-Appellant.

Appeal from the United States District Court

For the Southern District of Texas

USDC Nos. H-97-CV-3247 & H-94-CR-37-1

April 18, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM: *

In 1994, Augustine Anthony Verrengia pled guilty to violating

the Anti-Kickback Act of 1986. 1 Verrengia neither appealed his

conviction nor sought relief under 28 U.S.C. § 2255. Verrengia paid

the required fines and restitution and has successfully completed

his term of probation.2 See 28 U.S.C. § 1651(a) (2001).

3 See United States v. Dyer

, 136 F.3d 417, 422 (5th Cir.

1998).

4 United States v. Drobny

, 955 F.2d 990, 996 (5th Cir. 1992).

5 See Dyer , 136 F.3d at 422.

2 In 1997, Verrengia filed a motion for writ of error coram

nobis to set aside his convict ion. 2 He alleged various sources of

newly discovered ev idence and asserted jurisdictional defects in

the original proceedings. In addition, he argued that the AntiKickback Act was unconstitutional. Verr engia further argued that

his guilty plea w as involuntary due to ineffective assistance of

counsel. Verren gia also contends that he suffered from impaired

mental capacity at the time of his plea due to coercive

interrogation by government agents. Ac cording to Verrengia, his

compromised mental state rendered his plea involuntary.

Coram nobis is not a substitute for appeal. The writ should

only issue to correct errors that result in a complete miscarriage

of justice. 3 The coram nob is petitioner must demonstrate "that he

is suffering civil disabilities a s a consequence of the criminal

conviction and that the challenged error is of sufficient magnitude

to justify the extraordin ary relief." 4 Courts reviewing an

application for a writ of coram nobis presume that the underlying

judicial proceedings were correct. The applicant bears the burden

of demonstrating otherwise. 56 See id. at 425, 429-30.

7 See id. at 422.

8 See United States v. Wise

, 179 F.3d 184, 186 (5th Cir.

1999).

9 See Smith v. Estelle , 711 F.2d 677, 682 (5th Cir. 1983).

10 Hill v. Lockhart , 474 U.S. 52, 59 (1985).

3 At the outset, it is doubtful that Verrengia has demonstrated

a "civil disability" sufficient to support the issuance of a writ

of coram nobis. 6 Nor is it clear from the record that sound reasons

exist for Verrengia's failure to seek appropriate earlier relief. 7

Moreover, assuming that Verrengia's gui lty plea is voluntary and

unconditional, the plea negates the validity of his remaining nonjurisdictional arguments. 8 We must therefore address Verrengia's

contention that his plea was involuntary.

A guilty plea does not waive a claim of ineffective assistance

of counsel where the inadequacy of counsel's performance renders

the plea involuntary. 9 Verrengia must show that "there is a

reasonable probability that, but for counsel's errors, he would not

have pleaded guilty and wo uld have insisted on going to trial." 1 0

T he district court found that the assistance provided by

Verrengia's lawyer, Scott, was constitutionally adequate, falling

within the realm of "strategic decisions within the attorne y's

discretion." Upon review of the record, we can not say that this

conclusion was erroneous. We find no error in t he court's

determination that Verrengi a was competent to plead and that he11 See Owens v. United States

, 551 F.2d 1053, 1054 (5th Cir.

1977) (holding that a district court may rely on affidavit and

record evidence to support its denial of relief under 28 U.S.C. §

2255).

12 See United States v. Samuels

, 59 F.3d 526, 529-30 (5th Cir.

1995).

4 entered into an informed and voluntary guilty plea. The court based

its findings on Scott's affidavit and on its previous observations

of Verrengia at the rearraignment hearing. Although the district

court did not conduct a hea ring on the coram nobis motion, the

affidavit submissions and the court's observations of the defendant

at the time he entered his plea amply justify de nial of the

requested writ. 11

Finally, we find Verreng ia's jurisdictional arguments to be

without merit. They are either conclusory in nature or merely

support his contention that no crime was committed. We further note

that Verrengia waived his claim that the Anti-Kickba ck Act is

unconstitutional by failing to raise the issue before the district

court. 12 We emphasize the extraordinary nature of the w rit

requested; the decidedly narrow c ircumstances under which such a

writ may issue are not before us today. In light of the preceding,

we hereby AFFIRM the district court's denial of Verrengia's coram

nobis motion.

AFFIRMED.