United States v. Gross

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Pending before the Court is defendant Ricardo M. Gross’s pro se petition for writ of audita querela, and the government’s motion to construe the petition as a successive motion to vacate sentence under 28 U.S.C. § 2255 and to transfer the motion to the United States Court of Appeals for the District of Columbia Circuit. Upon consideration of the motions, the response and reply thereto, the applicable law, and for the reasons stated below, both motions are DENIED.

I. BACKGROUND

On or about July 31, 1996, after a trial before this Court, a jury…