Nelson Rodolfo Gustave v. United States

26 F.3d 130 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nelson Rodolfo GUSTAVE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-10376. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1994. Decided June 1, 1994. 1 Before: POOLE and REINHARDT, Circuit Judges, TAKASUGI, * District Judge. 2 MEMORANDUM ** 3 Nelson Rodolfo Gustave appeals the district court's denial of his petition for a writ of audita querela to vacate his 1984 conviction for distribution of cocaine. Because we find that the district court did not err in denying the writ, we affirm. I. 4 Gustave, a citizen of El Salvador, first entered the United States as a visitor in 1970. Both his mother and his wife are American citizens. In May 1984, Gustave was convicted of distribution of cocaine and conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a) and 846. 5 Upon Gustave's release from federal custody, the INS initiated deportation…