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U.S. v. AYALA

No. 88-3180.

894 F.2d 425 (1990)

UNITED STATES of America v. Wilfredo Felix AYALA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1990.

Attorney(s) appearing for the Case

W. Edward Morgan, Washington, D.C., for appellant.

Karen E. Rhew, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher and Elizabeth Trosman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before EDWARDS, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case requires us to examine the question of whether a federal criminal defendant can obtain postconviction relief pursuant to the common law writ of audita querela. Appellant, Wilfredo Ayala, a Peruvian national, was sentenced in 1987 to two years in prison for conspiracy to distribute cocaine and is currently on parole. During Ayala's imprisonment, the Immigration...

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