Legal Opinion

United States v. Gary William Holt

Court of Appeals for the Eleventh Circuit

Decided July 19, 2005No. 04-15848PublishedCited by 95 opinions

Non-Argument Calendar.

1Per 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

Holt was convicted of firearms-related offenses and sentenced to 196 months of imprisonment. We affirmed the conviction on direct appeal. Holt filed a motion to vacate, set aside, or…

2Cases cited11 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. United States v. MorganSupreme Court of the United States · 1954
  4. J.B. Farris v. United StatesCourt of Appeals for the Eleventh Circuit · 2003
  5. Gonzalez v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by95 opinions

  1. Albert Williams v. Warden, Federal Bureau of PrisonCourt of Appeals for the Eleventh Circuit · 2013
  2. Massey v. United StatesCourt of Appeals for the Third Circuit · 2009
  3. United States v. RichterCourt of Appeals for the Second Circuit · 2007
  4. Charles A. Armstrong v. United StatesCourt of Appeals for the Eleventh Circuit · 2021
  5. United States v. Norman RobinsonCourt of Appeals for the Eleventh Circuit · 2014

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