Opinion
Case No.: 6:95-cr-208-Orl-19.
March 6, 2006
ORDER
This case is before the Court on Defendant's Motion Under Federal Rule of Civil Procedure 60(b)(5)(6) (Doc. No. 1092, filed March 1, 2006). Defendant alleges that there were errors in her sentencing and that she is entitled to a resentencing.
Federal Rule of Civil Procedure 60 does not provide a basis for the relief sought by Defendant. Rather, it appears that Defendant is seeking relief under 28 U.S.C. section 2255. If so, Defendant should file a separate motion seeking such relief.
The Court is not making any determination as to whether such claims would be viable under section 2255.
Accordingly, it is ORDERED that Defendant's Motion Under Procedure 60(b)(5)(6) (Doc. No. 1092, filed March 1, 2006) is DENIED.
DONE AND ORDERED.