United States v. Rory Allen Gregory, No. 06-2492 (8th Cir. 2007)

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Court Description: Prisoner Case - writ. Dismissal of petition for writ of audita quererla was proper.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2492 ___________ United States of America, Appellee, v. Rory Allen Gregory, Appellant. * * * * Appeal from the United States * District Court for the Western * District of Arkansas. * [UNPUBLISHED] * * ___________ Submitted: June 14, 2007 Filed: June 19, 2007 ___________ Before WOLLMAN, MURPHY, and BYE, Circuit Judges. ___________ PER CURIAM. Federal inmate Rory Gregory appeals the district court s1 denial of his petition for a writ of audita querela. Following careful review, we find that the petition was properly dismissed based on Brown v. United States, 311 F.3d 875, 878 (8th Cir. 2002). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of the Honorable Beverly Stites Jones, United States Magistrate Judge for the Western District of Arkansas.

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