In Re: Watkins v.

Filing 920070329

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7807

In Re:

CHRISTOPHER MICHAEL WATKINS,

Petitioner.

On Petition for Writ of Audita Querela. (4:00-cr-00043-HCM)

Submitted:

March 22, 2007

Decided:

March 29, 2007

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Christopher Michael Watkins, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Christopher Michael Watkins, a federal prisoner,

petitions for a writ of audita querela pursuant to the All Writs Act, 28 U.S.C. § 1651(a) (2000), requesting that we vacate his sentence and remand to the district court for resentencing.

Although we grant Watkins leave to proceed in forma pauperis, we deny the petition because a writ of audita querela is not available or appropriate in this case. See United States v. Valdez-Pacheco, We dispense with oral

237 F.3d 1077, 1080 (9th Cir. 2001).

argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

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