United States v. Ewart Mark Holder

The appellant, Ewart Mark Holder, a citizen of Guyana, pled guilty in 1974, in the District Court of Puerto Rico, to importing 5.45 pounds of marijuana into the customs territory of the United States. 21 U.S.C. § 952(a). Imposition of sentence was “withheld” 1 and appellant was placed on probation for a period of five years.

In May 1990, appellant filed in that court a petition for “writ of audita querela, writ of error coram nobis, or, relief from judgement [sic] 28 U.S.C. § 1651(a).” The district court initially believed that it lacked venue because appellant was residing in the Virgin…