United States v. George Winkelman

U.S. Court of Appeals for the Third Circuit
United States v. George Winkelman, 532 F. App'x 52 (3d Cir. 2013)

United States v. George Winkelman

Opinion

OPINION

PER CURIAM.

We recently discussed the background of the 2003 convictions of George Winkelman and John F. Winkelman, Jr., as well as their numerous collateral challenges to their convictions and sentences, in United States v. Winkelman, No. 13-1286, 2013 WL 2669140 (3d Cir. June 14, 2013) (nonprecedential per curiam); we need not repeat ourselves here. This appeal arises out the latest joint collateral attack of its kind. The brothers filed a petition for writ of audita querela under the All Writs Act, 28 U.S.C. § 1651. Relying on our opinion in Massey v. United States, 581 F.3d 172 (3d Cir. 2009) (per curiam), the District Court denied relief because, to the extent audita querela may “fill the gaps” of the federal postconviction regime, this case presented no such gaps. We agree; Massey plainly controls, and the appellants are entitled to no relief. Because this appeal presents no substantial question, we will summarily affirm the District Court’s judgment. See Murray v. Bledsoe, 650 F.3d 246, 248 (3d Cir. 2011) (per curiam); see also 3d Cir. L.A.R. 27.4; 3d Cir. I.O.P. 10.6. Should the brothers persist in filing appeals in this Court that are plainly without legal merit, they run the risk of sanctions.

Reference

Full Case Name
UNITED STATES of America v. George A. WINKELMAN; John F. Winkleman, Jr., Appellants
Status
Unpublished