United States Fifth Circuit

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US v. Miller, 08-11186

Dismissal of defendant's petition for a writ of audita querela challenging a restitution order, arising from his conviction for conducting a monetary transaction with criminally-derived funds and evading income tax, is affirmed where: 1) if it still exists, the writ of audita querela can only be applied to rectify a judgment which, though correct when rendered, has since become infirm; and 2) since all parties to this case agree that the district court's restitution order was initially correct, and because the statute does not require the order to be modified every time a subsequent payment is made on a restitution obligation, there is no infirmity in defendant's judgment for a writ of audita querela to rectify.

Appellate Information

  • Decided 03/08/2010
  • Published 03/09/2010

Judges

  • GARWOOD, Circuit Judge:, Before GARWOOD, WIENER, and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel