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NEVADO v. U.S.

No. 09-CV-6509L.

824 F.Supp.2d 471 (2010)

Juan NEVADO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, W.D. New York.

January 6, 2010.

Attorney(s) appearing for the Case

Juan Nevado, Fort Dix, NJ, pro se.

Everardo A. Rodriguez, U.S. Attorney's Office, Rochester, NY, for Respondent.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

On October 7, 2009, petitioner, Juan Nevado ("Nevado"), filed a petition, pro se, which he describes as a Writ of Audita Querela under 28 U.S.C. § 1651. (Dkt. # 1). The Government responded (Dkt. # 4) and has moved to dismiss the petition. The petition is, in all respects, dismissed.

Nevado was sentenced by this Court on his guilty plea on October 28, 2002 to an aggregate term...

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