U.S. v. GAMBOA

No. 09-30217.

608 F.3d 492 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent GAMBOA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2010.


Attorney(s) appearing for the Case

Jon R. Zulauf, Zulauf & Chambliss, Seattle, WA, for the defendant-appellant.

Michael S. Morgan, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.

Before: ARTHUR L. ALARCÓN, W. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.


ALARCÓN, Circuit Judge:

Vincent Gamboa appeals from the denial of his petition for a writ of audita querela. He contends that the district court erred in determining that a writ of audita querela was unavailable to him to challenge his sentence. We affirm because we conclude that the district court did not err in determining that it lacked the authority to consider the merits of his petition for a writ of audita querela because the writ presented...

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