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_second_circuit
publication status
published_precedential_opinion
precedential status
binding_in_ca2
decision or issuance date
2007-12-04
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 per curiam full opinion reviewed from a public court-document reproduction after no stable historical official opinion file was located. Richter does not hold that the writ lies in any actual case and predates Jones v. Hendrix; no post-Jones exception is inferred.
A complete lack of collateral review might support audita querela only if it raised serious constitutional questions; Booker nonretroactivity did not create that circumstance.
Material limitation
Binding only in the Second Circuit and only for the bounded procedural postures in the linked claims. Published per curiam full opinion reviewed from a public court-document reproduction after no stable historical official opinion file was located. Richter does not hold that the writ lies in any actual case and predates Jones v. Hendrix; no post-Jones exception is inferred. A comprehensive commercial citator was not run.