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U.S. v. Williams

United States Court of Appeals, Fifth Circuit
Apr 15, 2008
274 F. App'x 346 (5th Cir. 2008)

Summary

applying Gonzalez to § 2255 motions

Summary of this case from United States v. Hernandes

Opinion

No. 07-30640 Conference Calendar.

April 15, 2008.

Maurice Landrieu, Assistant U.S. Attorney, U.S. Attorney's Office Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Vincent Williams, Oakdale, LA, pro se.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:00-CR-129-2.

Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.


Vincent Williams, federal prisoner #27040-034, appeals the district court's denial of his FED.R.CIV.P. 60(b)(4) motion for relief from a criminal order of forfeiture. Williams argues that his Rule 60(b)(4) motion was proper because he was raising a jurisdictional challenge to his conviction.

This court reviews a district court's ruling on a Rule 60(b)(4) motion de novo. Carter v. Fenner, 136 F.3d 1000, 1005 (5th Cir. 1998). Rule 60(b) provides relief from judgment in civil cases, not in criminal cases. See United States v. O'Keefe, 169 F.3d 281, 289 (5th Cir. 1999). Accordingly, the district court did not err in denying Williams's Rule 60(b) motion. Moreover, to the extent that Williams's Rule 60(b) motion was a successive 28 U.S.C. § 2255 motion, Williams had not obtained the requisite authorization to file a successive § 2255 motion. See Gonzalez v. Crosby, 545 U.S. 524, 529-31, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005); United States v. Rich, 141 F.3d 550, 551-53 (5th Cir. 1998); Fierro v. Johnson, 197 F.3d 147, 151 (5th Cir. 1999); 28 U.S.C. §§ 2244(b)(3)(A), 2255.

The district court's judgment is AFFIRMED.


Summaries of

U.S. v. Williams

United States Court of Appeals, Fifth Circuit
Apr 15, 2008
274 F. App'x 346 (5th Cir. 2008)

applying Gonzalez to § 2255 motions

Summary of this case from United States v. Hernandes

applying Gonzalez to Section 2255 motions

Summary of this case from United States v. Flowers

applying Gonzalez to § 2255 motions

Summary of this case from United States v. Short

applying Gonzalez to § 2255 motions

Summary of this case from United States v. Ciprano

applying Gonzalez to Section 2255 motions

Summary of this case from United States v. Wallace
Case details for

U.S. v. Williams

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee v. Vincent WILLIAMS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 15, 2008

Citations

274 F. App'x 346 (5th Cir. 2008)

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