---
title: "United States v. Torres"
citation: "282 F.3d 1241 (10th Cir. 2002)"
authority_id: "AUTH-CA10-TORRES-282-F3D-1241"
authority_type: "case"
jurisdiction: "federal_tenth_circuit"
precedential_status: "binding_in_ca10"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA10-TORRES-282-F3D-1241/"
legal_review: "2026-08-26"
links_checked: "2026-10-15"
links_available: 1
links_checked_count: 1
license: "CC BY 4.0"
---

# United States v. Torres

## Holdings used

- A federal prisoner cannot use audita querela for a conviction or sentence challenge cognizable under § 2255; classification follows substance, with recharacterization protections depending on prior § 2255 history.

## Material limitation

Binding only in the Tenth Circuit and only for the bounded procedural postures in the linked claims. Published precedential full opinion reviewed from a public reporter reproduction after no stable historical official opinion file was located. Torres assumed survival only for argument, distinguished coram nobis by custody, and limited first-motion recharacterization notice to its proper procedural setting. A comprehensive commercial citator was not run.

## Official source and pinpoints

282 F.3d 1241 (10th Cir. 2002), 282 F.3d 1245–46 & n.6: <https://storage.courtlistener.com/pdf/2002/02/21/United_States_vs._Torres.pdf>

## Linked claims

- `CLM-CIR10-006`


## Used in

- [Tenth Circuit Overlay](https://jason93.com/legal/federal-process/modules/95-circuit-overlays/tenth-circuit.md)
