United States v. Jesus Andrade

MEMORANDUM

Defendant-Appellant Jorge Bravo-Bravo (a/k/a Jesus Andradé-Perez) appeals the district court’s denial of his petition for a writ of audita querela, or in the alternative, a writ of coram nobis. Appellant seeks to vacate his 1998 conviction for possession with intent to distribute methamphetamine, for which he has already-completed the sentence. He contends that he is entitled to relief because his sentencing guidelines for the 1998 conviction were based, in part, on a 1995 state court conviction for conspiracy to possess cocaine for sale. In 2010, a California court vacated the 1995 conviction and, in its place, entered a conviction for the lesser charge of mere possession of a controlled substance.

We review de novo a district court’s denial of a petition for a writ of audita querela or coram nobis. See United States v. Hovsepian, 359 F.3d 1144 , 1153 (9th Cir.2004) (en banc); Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir. 2002). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. A party seeking a writ of audita querela must demonstrate “a legal defect in the conviction, or in the sentence which taints the conviction.” Doe v. INS, 120 F.3d…