United States v. Enrique Fonseca-Martinez

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-Mar-tinez appealed. For the reasons that follow, we affirm the judgment of the district court.

I.FACTS AND PROCEDURAL HISTORY

Appellant, a thirty-six year old citizen of Mexico and legal resident of the United States, pleaded guilty in 1987 to one count of possessing heroin with the intent to distribute, in…