US v. Willie McRae, No. 10-6036 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6036 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIE JEROME MCRAE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:98-cr-00037-F-13) Submitted: July 27, 2010 Decided: August 5, 2010 Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Willie Jerome McRae, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie Jerome McRae appeals the district court s order denying his petition for a writ of audita querela. reviewed the record and find no reversible error. we affirm. We have Accordingly, See United States v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002) ( [A] writ of audita querela is not available to a petitioner when other remedies exist, such as a motion to vacate sentence under 28 U.S.C. § 2255. ) (internal quotation marks omitted). facts and materials legal before We dispense with oral argument contentions are adequately the and argument court because presented would not the in the aid the decisional process. AFFIRMED 2

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