United States v. Hernandes

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.

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