United States Ninth Circuit

In a prosecution for cocaine base distribution, a denial of petitioner's petition for a writ of audita querela is affirmed where the district court did not err in determining that it lacked the authority to consider the merits of his petition for audita querela because the writ presented a claim regarding the legality of his sentence that was cognizable under 28 U.S.C. section 2255.

Appellate Information

• Argued 02/01/2010
• Decided 06/11/2010
• Published 06/11/2010

Judges

• Before ARTHUR L. ALARCÓN, WILLIAM A. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jon R. Zulauf, Zulauf & Chambliss, Seattle, WA, for the defendant-appellant., Michael S. Morgan, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.