Documente Academic
Documente Profesional
Documente Cultură
No. 15-7150
Appeal from the United States District Court for the District of
South Carolina, at Charleston.
Patrick Michael Duffy, Senior
District Judge. (2:09-cr-01348-PMD-1)
Submitted:
Before GREGORY
Circuit Judge.
and
FLOYD,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
Sean
South
Kittrell,
Carolina,
PER CURIAM:
Sanchez Ozell McPherson appeals the district courts order
denying his Fed. R. Civ. P. 60(b) motion for reconsideration of
the
district
courts
order
denying
relief
on
his
28
U.S.C.
that McPhersons motion was not a true Rule 60(b) motion, but in
substance a successive 2255 motion.
McRae, 793 F.3d 392, 399-400 (4th Cir. 2015); see also Gonzalez
v.
Crosby,
545
differentiate
U.S.
524,
531-32
true
Rule
60(b)
(2005)
motion
(explaining
from
an
how
to
unauthorized
authorization
jurisdiction
to
from
hear
this
court,
McPhersons
In the absence of
the
district
successive
court
2255
offense;
or
(2)
new
rule
of
constitutional
law,
made
was
previously
McPhersons
claims
unavailable.
do
not
satisfy
28
U.S.C.
either
of
2255(h).
these
criteria.
We
Government
dispense
with
contentions
are
expense,
oral
and
relief
argument
adequately
from
because
presented
in
judgment.
the
the
facts
We
also
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED