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U.S. v. FONSECA-MARTINEZ

No. 93-30410.

36 F.3d 62 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique FONSECA-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Martin Resendez Guajardo, San Francisco, CA, for defendant-appellant.

Frank Noonan, Asst. U.S. Atty., Portland, OR, for plaintiff-appellee.

Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge.

PER CURIAM:

Defendant-appellant Enrique Fonseca-Martinez petitioned the district court, requesting that it exercise its power to issue the little-used common law writ of audita querela to vacate his 1987 conviction on a federal drug offense. The district court denied defendant's petition and Fonseca-Martinez appealed. For the reasons that follow, we affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Appellant, a thirty...

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