Opinion
No. 08-40003 Summary Calendar.
February 18, 2009.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Juan Bermea-Cepeda, Edgefield, SC, pro se.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:98-CR-571-ALL.
Before JONES, Chief Judge, and STEWART and OWEN, Circuit Judges.
Juan Bermea-Cepeda, federal prisoner #67637-079, appeals the district court's dismissal of his action that he characterized as a motion to reconsider a denial of a Fed.R.Civ.P. 60(b) motion. In 1999, a jury found Bermea-Cepeda guilty of possession with the intent to distribute less than 50 kilograms of marijuana, knowingly using and carrying a firearm during and in relation to a drug trafficking crime, illegal reentry, being a felon in possession of a firearm, being an illegal alien in possession of a firearm, and attempting to kill a border patrol agent. In 2002, the district court sentenced Bermea-Cepeda, following an appeal and remand, to a total of 206 months of imprisonment.
On appeal to this court, Bermea-Cepeda argues that the district court erred in denying his FED.R.CIV.P. 60(b) motion, filed in October 2007. Bermea-Cepeda asserts that the judgment of conviction was void under FED.R.CIV.P. 60(b) because he was denied a speedy trial in violation of his constitutional rights. As criminal proceedings in the United States district courts are governed by the Federal Rules of Criminal Procedure, FED.R.CRIM.P. 1, and not the Rules of Civil Procedure, Bermea-Cepeda's motion under FED.R.CIV.P. 60(b) was an unauthorized action which the district court was without jurisdiction to entertain. See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Bermea-Cepeda has thus appealed from the dismissal of a meaningless, unauthorized action. See id. We affirm on the basis that the district court lacked jurisdiction. See id.
AFFIRMED.