U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Massey v. US, No. 09-1665

District court's denial of pro se defendant's petition for a writ of audita querela is affirmed as his claim is cognizable under 28 U.S.C. section 2255 and there is no gap to fill in the post-conviction remedies. 

Read Massey v. US, No. 09-1665

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania(D.C. No. 09-mc-000022)
District Judge: Honorable Harvey Bartle, III

Opinion Filed September 11, 2009


Before:  Rendell, Hardiman, and Van Antwerpen, Circuit Judges 
Per Curium Opinion


Counsel for Appellant:  Derrick Massey

Counsel for Appellee: J. Alvin Stout, III.