After the district court denied the appellant a certificate of appealability, he filed a motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6). The motion consisted entirely of his recapitulated third-party beneficiary conflict of interest argument. The district court denied the motion and a subsequent request for a certificate of appealability. The appellant's Rule 60(b) motion is a 28 U.S.C. §2255 motion in disguise, and the district court is prohibited from considering the motion. The appeal is dismissed. 5th U.S. Circuit Court of Appeals, No. 11-50669, 02-15-2013.
United States v. Hernandes
February 19, 2013