Thornbrugh v. United States, No. 10-5164 (10th Cir. 2011)
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Defendant James Thornbrugh appealed the district court's denial of his petition for writs of coram nobis and audita querela. Defendant had unsuccessfully filed successive habeas petitions to challenge his sentence. Defendant petitioned the Tenth Circuit to challenge the validity of his sentence under the All Writs Act, 28 USC 1651. The Court found that Defendant's motion seeking the writs lacked merit, and that Defendant was not entitled to relief under the Act: "[e]ven if we construe [Defendant's] appellate materials as an implied application for permission to file a successive [habeas corpus] motion, he has not presented any new facts or rules of constitutional law" as required by the Act. The Court denied authorization for Defendant to proceed, effectively dismissing his application for relief.
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