UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6148
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CYRUS JONATHAN GEORGE,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
District Judge. (CR-90-78)
Submitted: April 28, 1998 Decided: June 23, 1998
Before WILKINS and WILLIAMS, Circuit Judges, and HALL, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cyrus Jonathan George, Appellant Pro Se. William David Wilmoth,
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court’s orders denying his
petition for a writ of audita querela and denying his motion to
suspend judgment. See United States v. George, No. CR-90-78 (N.D.W.
Va. Jan. 13 & 20, 1998). A writ of audita querela is available
where there is a legal objection to a conviction that cannot be ad-
dressed pursuant to other post conviction remedies. See United
States v. Holder, 936 F.2d 1, 2-5 (1st Cir. 1991). Because Appel-
lant’s claims can be addressed under 28 U.S.C.A. §§ 2244(b)(3)(A),
2255 (West 1994 & Supp. 1998), we find that the district court did
not err in denying Appellant’s requested relief. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
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