USA v. Joseph H. Brown, No. 05-4376 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal Case - writ of audita querela. District court dismissal of writ is summarily affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-4376 ___________ United States of America, Appellee, v. Joseph H. Brown, Appellant. * * * * Appeal from the United States * District Court for the Western * District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: December 5, 2006 Filed: December 21, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Joseph H. Brown appeals the district court s1 dismissal of his Motion to Reopen Judgment or in the Alternative Motion Seeking Relief Pursuant to a Writ of Audita Querela. We grant Brown leave to proceed in forma pauperis on appeal, and we summarily affirm. See 8th Cir. R. 47A(a). We also deny as moot Brown s motion for appellate counsel. ______________________________ 1 The Honorable Dean Whipple, Chief Judge, United States District Court for the Western District of Missouri.
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