United States v. Gamboa

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 a claim regarding the legality of his sentence that is cognizable under 28 U.S.C. § 2255. We affirm because we conclude that under the law of this…