From Casetext: Smarter Legal Research

Sessoms v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION
Jul 24, 2012
NO: 7:06-CR-00063-BR (E.D.N.C. Jul. 24, 2012)

Opinion

NO: 7:06-CR-00063-BR NO: 7:10-CV-00094-BR

07-24-2012

COLLIER D. SESSOMS v. UNITED STATES OF AMERICA


ORDER

This matter is before the court on a petition for writ of audita querela pursuant to 28 U.S.C. § 1651(a).

"A writ of audita querela is not available to a petitioner when other avenues of relief are available, such as a motion to vacate under § 2255." In re Wright, 437 F. App'x 214, 214-15 (4th Cir. 2011) (unpublished) (citing United States v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002); United States v. Johnson, 962 F.2d 579, 582 (7th Cir. 1992)). As best as the court can discern, petitioner, who is still serving his sentence, challenges his conviction and sentence based on the Court's decisions in Missouri v. Frye, 132 S. Ct. 1399 (2012), and Lafler v. Cooper, 132 S. Ct. 1376 (2012). Petitioner must challenge his conviction and sentence, if at all, pursuant to 28 U.S.C. § 2255. See Wright, 437 F. App'x at 214-15. The fact that petitioner has previously filed a § 2255 motion does not make relief available via a writ of audita querela. See id. at 215.

The petition is DISMISSED.

_______________

W. Earl Britt

Senior U.S. District Judge


Summaries of

Sessoms v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION
Jul 24, 2012
NO: 7:06-CR-00063-BR (E.D.N.C. Jul. 24, 2012)
Case details for

Sessoms v. United States

Case Details

Full title:COLLIER D. SESSOMS v. UNITED STATES OF AMERICA

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION

Date published: Jul 24, 2012

Citations

NO: 7:06-CR-00063-BR (E.D.N.C. Jul. 24, 2012)