United States v. Gary William Holt
Court of Appeals for the Eleventh Circuit
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
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