Legal review · Links checked : the source is available · Scope & methodology
This record is not a citator check. Confirm later history and treatment before relying on it.
authority type
case
jurisdiction
federal_tenth_circuit
publication status
published_precedential_opinion
precedential status
binding_in_ca10
decision or issuance date
2002-02-21
subsequent history
Bounded public-source treatment review completed through 2026-08-26; no explicit adverse treatment located.
negative treatment status
No explicit adverse treatment located in a bounded public-source review through 2026-08-26; comprehensive commercial citator not run.
material limitations
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 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.