Opinion
Case No. 8:08-cr-92-T-23MAP.
August 20, 2010
ORDER
Martinez-Castillo's 168-month sentence was affirmed on appeal. (Doc. 224) Pending is Martinez-Castillo's motion for relief from judgment (Doc. 230) pursuant to Rule 60(b), Federal Rules of Civil Procedure, in which he re-asserts the grounds rejected on direct appeal. (Doc. 224) Martinez-Castillo cannot utilize the Rules of Civil Procedure to challenge a criminal judgment.
Rule 1 of the Federal Rules of Civil Procedure unambiguously provides that "[t]hese rules govern the procedure in the United States district courts in all suits of a civil nature. . . ." The judgment and order that the defendant contests were entered, not in a civil case, but in a criminal case, and a proper appeal of the forfeitures should have been raised in the defendant's criminal appeal of his conviction and sentence. Rule 60(b) simply does not provide for relief from judgment in a criminal case, and as such the defendant cannot challenge the criminal forfeitures at issue under Fed.R.Civ.P. 60(b).United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
Accordingly, Martinez-Castillo's motion for relief from judgment (Doc. 230) pursuant to Rule 60(b), Federal Rules of Civil Procedure, is DENIED.
ORDERED in Tampa, Florida.