United States v. Darnell Crookshank

MEMORANDUM

Defendant-Appellant Darnell Crook-shank appeals from the district court’s denial of his petition for a 'writ of audita querela. Crookshank sought to employ the writ to attack the life sentences imposed for his 1996 felony drug convictions, sentences which depended on the existence of two prior felony drug convictions. Crookshank’s contention was that his 1991 conviction should not be counted as a felony drug offense because the offense was a “wobbler” under California law and he was sentenced to less than a year of incarceration.

Crookshank unsuccessfully appealed the 1996 convictions and sentences. Subsequently, Crookshank filed a collateral attack against the 1996 judgment pursuant to 28 U.S.C. § 2241 and two other collateral attacks pursuant to § 2255. Some years later, in 2010, he filed his petition for a writ of audita querela. The issue raised in the petition is one which could be raised pursuant to 28 U.S.C. § 2255 . We have held that, “a federal prisoner may not challenge a conviction or sentence by way of a petition for a writ of audita querela when that challenge is cognizable under § 2255.” United States v. Valdez-Pacheco, 237 F.3d 1077, 1080 (9th Cir.2001)…