United States v. Richter

Defendant-Appellant Keith Richter was convicted in 1998 of conspiracy and attempted murder in aid of racketeering and assault with a dangerous weapon in aid of racketeering, both in violation of 18 U.S.C. § 1959(a). He was sentenced to 192 months in prison, and he did not file a direct appeal. In 2006, he petitioned for a writ of audita querela in order, pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to attack his sentence collaterally. The district court (Denis, J.) denied his petition; Appellant appeals that denial.

Appellant claims that, because…