Summary:        The Defendant filed a motion to issue a writ of audita querela, arguing that the United States Parole Commission and its associated laws expired on November 1, 2002, and was not extended until November 2, 2002. Therefore, the Defendant contended that he should have received a parole release date because the extension of the Parole Commission was ineffective because the Parole Commission had already ceased to exist as of November 1, 2002, and could not be further extended. The Court denied the motion, finding that an alternative post-conviction remedy was available, namely, a motion pursuant to 28 U.S.C. § 2241.

 

Case Name: USA v. Sebastion Joseph Feist

Case Number: 1-08-mc-06

Docket Number: 8

Date Filed: 11/10/08

Nature of Suit:

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

SOUTHWESTERN DIVISION
 

United States of America,

Plaintiff,

-vs-

Sebastian Joseph Feist,

Defendant.

 )
) ORDER DENYING DEFENDANT’S
) MOTION TO ISSUE WRIT OF
) AUDITA QUERELA
)
)
) Case No. 1:08-mc-06
)
)
)

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