United States Second Circuit

Denial of petition for writ of audita querela brought to make collateral attack on conviction and sentence for conspiracy and attempted murder in aid of racketeering and assault with a dangerous weapon in aid of racketeering is affirmed over defendant's claims that: 1) as his sentence was based on a statutory regime that was held unconstitutional in Booker, his sentence is a nullity; and 2) as he was time-barred from bringing this Booker claim, a writ of audita querela was both the appropriate and the only available avenue of relief.

Appellate Information

• Decided 12/04/2007
• Published 12/04/2007

Judges

• PER CURIAM:, Before:  CALABRESI, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Peter A. Norling, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (David C. James, Assistant United States Attorney, on the brief), Brooklyn, N.Y., for Appellee., Keith Edward Richter, pro se, Lewisburg, PA., Defendant-Appellant.