U.S. v. Fraction

Full title: UNITED STATES OF AMERICA v. JAMES E. FRACTION, JR., Defendant

Court: United States District Court, D. New Jersey

Date published: Jul 15, 2008

Crim. No. 95-597 (WJM) (D.N.J. Jul. 15, 2008)

Opinion

Crim. No. 95-597 (WJM).

July 15, 2008

ORDER

WILLIAM MARTINI, District Judge

Defendant having been convicted and sentenced in this matter by the District Court; Defendant having been remanded by the District Court to the custody of the Federal Bureau of Prisons; Defendant now filing a Petition for Writ of Error Per: Audita Querela and the All Writs Act, 28 U.S.C. § 1651; Defendant asserting that the District Court lacked subject-matter jurisdiction to impose his sentence; this argument constituting a claim cognizable in a motion under 28 U.S.C. § 2255; Defendant further asserting that the Federal Bureau of Prisons has no valid legal authority to maintain custody of him; this argument constituting a claim cognizable either under 28 U.S.C. § 2255 or 28 U.S.C. § 2241; the writ of audita querela thus being unavailable to Defendant, see Shelton v. United States, 201 F. App'x 123 (3d Cir. 2006); and good cause appearing;

IT IS on this 15th day of July 2008 hereby

ORDERED that Defendant's motion is DENIED without prejudice to Defendant's rights to file a motion under either 28 U.S.C. § 2255 or 28 U.S.C. § 2241.