USA v. Tajrick Conaway, No. 10-12154 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-12154 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT NOVEMBER 9, 2010 JOHN LEY CLERK D.C. Docket No. 7:00-cr-00004-WLS-2 UNITED STATES OF AMERICA, lllllllllllllllllllll Plaintiff-Appellee, versus TAJRICK CONAWAY, lllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (November 9, 2010) Before TJOFLAT, CARNES and MARCUS, Circuit Judges. PER CURIAM: On August 29, 2000, appellant having pled guilty to a two-count indictment charging him with possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and possession of marijuana, in violation of 21 U.S.C. § 844, was sentenced by the district court to concurrent prison terms of 292 months.1 Subsequently, in United States v. Conaway, 326 Fed.Appx 545 (11th Cir. 2009), we affirmed the district court s denial of appellant s motion to reduce his sentences pursuant to 18 U.S.C. § 3582(c). Following the issuance of the mandate, appellant, on August 18, 2009, moved the district court pursuant to Fed. R. Civ. P. 60(b)(6) to amend its order denying him § 3582(c) relief. The court denied the motion on April 7, 2010. Appellant moved the court under Fed. R. Civ. P. 59(c) to reconsider its April 7 order denying Rule 60(b)(6) relief. The court denied the Rule 59(c) motion on April 27, 2010, and appellant now appeals that ruling. A motion filed under § 3582(c)(2) is not a civil post-conviction action, but rather a continuation of a criminal case. United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003). Thus, a defendant cannot employ Rule 60(b) to challenge the district court s denial of § 3582(c) relief. Id. (holding that appellant could not use Rule 60(b)(4) to attack the district court s order denying his §3582(c)(2) motion). In short, the district court lacked jurisdiction to entertain appellant s 1 Appellant was sentenced as a career offender under U.S.S.G. § 4B1.1. The Guidelines sentencing range was 292 to 365 months. 2 motions under Rule 60(b)(6). AFFIRMED. 3

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