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U.S. v. HOLT

No. 04-15848 Non-Argument Calendar.

417 F.3d 1172 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gary William HOLT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 19, 2005.

Attorney(s) appearing for the Case

Gary William Holt, Memphis, TN, pro se.

Mary Jane Stewart, Atlanta, GA, for U.S.

Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.

PER CURIAM:

Gary William Holt, a federal prisoner, appeals the denial of his pro se motion for a writ of audita querela. A prisoner is not entitled to a writ of audita querela when relief is cognizable under 28 U.S.C. § 2255, as was the case here. Moreover, even if Holt's motion is construed as a § 2255 motion, it is an unauthorized successive § 2255 motion, and was properly denied. Accordingly, we AFFIRM.

I. BACKGROUND...

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