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Writ of Audita Querela Under the All Writs Act Cannot Trump 28 U.S.C. 2255

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

The Third Circuit recently ruled that a federal prisoner may not seek relief via a petition for a writ of audita querela under the All Writs Act, 28 U.S.C. § 1651, as long as his claim is cognizable under 28 U.S.C. § 2255. United States v. Massey, No. 09-1665 (3rd Cir. Sept. 11, 2009). This applies even if the client is unable to satisfy the AEDPA requirements for filing a second or successive § 2255 motion to vacate sentence.

Full post as published by Third Circuit Blog on September 23, 2009 (boomark / email).