Opinion
CASE NO. 05-80228.
July 9, 2007
OPINION AND ORDER
Petitioner has filed a "Motion for Relief from Judgment or Order under Federal Rules of Civil Procedure Rule 60(b)(6)" (Docket #29). The Court notes that Petitioner was sentenced to a term of imprisonment of 108 months on February 9, 2006, for possession of controlled substance with intent to distribute, including a two level enhancement for possessing a firearm in furtherance. Petitioner asks the Court to revisit that two level enhancement in the instant Motion.
In reviewing the docket, the Court finds that Defendant failed to file an appeal of his sentence and concludes that the instant motion is untimely. In reviewing the file, the Court finds that Defendant's claim is meritless. Finally, a motion for relief from judgment pursuant to the Federal Rules of Civil Procedure is not an appropriate vehicle by which to challenge a criminal sentence.
Accordingly, for the foregoing reasons, the Court DENIES Petitioner's Motion.
IT IS SO ORDERED.