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United States v. Aichele

United States District Court, E.D. California
Jan 31, 2011
NO. CR. 89-106 LKK (E.D. Cal. Jan. 31, 2011)

Opinion

NO. CR. 89-106 LKK.

January 31, 2011


ORDER


On July 26, 2010, Aichele filed a petition for writ of error audita querela seeking retroactive application of several Supreme Court decisions. On August 12, 2010, the court denied the petition citing several Ninth Circuit decisions for the proposition that the Supreme Court cases are not retroactive. Aichele subsequently appealed the court's denial of the petition to the Ninth Circuit. On January 27, 2011, the Ninth Circuit found that the appeal "appears to arise under 28 U.S.C. § 2255," and, thus, "remanded the case to the district court for the limited purpose of granting or denying a certificate of appealability."

The court has reviewed the record and declines to issue a certificate of appealability. The merits of Aichele's claims are not debatable among jurists of reason because the Ninth Circuit has determined that the Supreme Court decisions do not apply retroactively.

IT IS SO ORDERED.

DATED: January 28, 2011.


Summaries of

United States v. Aichele

United States District Court, E.D. California
Jan 31, 2011
NO. CR. 89-106 LKK (E.D. Cal. Jan. 31, 2011)
Case details for

United States v. Aichele

Case Details

Full title:UNITED STATES OF AMERICA, Respondent, v. RICHARD J. AICHELE, Movant

Court:United States District Court, E.D. California

Date published: Jan 31, 2011

Citations

NO. CR. 89-106 LKK (E.D. Cal. Jan. 31, 2011)