U.S. v. REYES

No. 91-3004 Summary Calendar.

945 F.2d 862 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge L. REYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 23, 1991.


Attorney(s) appearing for the Case

Lawrence B. Fabacher, II, New Orleans, La., for defendant-appellant.

Peter G. Strasser, Walter F. Becker, Jr., Asst. U.S. Attys., Harry Rosenberg, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before GARWOOD, HIGGINBOTHAM and BARKSDALE, Circuit Judges.


GARWOOD, Circuit Judge:

Defendant-appellant Jorge L. Reyes (Reyes) appeals the denial of his motion to reconsider the denial of an earlier motion to vacate a drug conviction by a writ of audita querela sought on the grounds that vacation of the conviction was necessary to afford him relief in deportation proceedings pending against him.1 Agreeing with the district court that a writ of audita querela is not available to vacate...

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