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United States v. Carlos Hernandez, United States Court of Appeals, 5th Circuit, No. 11-50669

Defendant pleaded guilty to conspiracy to distribute and possess with the intent to distribute cocaine and methamphetamine. After the district court denied defendant's motion for relief from judgment under Rule 60(b)(6) of the Federal Rules of Civil Procedure, defendant filed a notice of appeal and the district court denied him a certificate of appealability (COA). The court then granted a COA, in relevant part on the issue of whether defendant's Rule 60(b) motion presented a successive habeas petition within the meaning of Gonzalez v. Crosby. The court concluded that it did, and thus the district court was not permitted to consider the motion. Accordingly, the court dismissed the appeal.

 

Read Opinion here at ca5.uscourts.gov

 

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