United States of America, Plaintiff-appellee, v. James Sanford Flack, Defendant-appellant, 134 F.3d 380 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 134 F.3d 380 (9th Cir. 1998)

Submitted January 12, 1998. **Decided January 16, 1998

Before: BROWNING, KLEINFELD, and THOMAS, Circuit Judges.


Federal prisoner James Sanford Flack appeals pro se the denial of his Fed. R. Civ. P. 60(b) motion for relief from the district court's judgment denying Flack's motion to correct his sentence pursuant to 28 U.S.C. § 2255. We review for abuse of discretion. See School Dist. No. 1J V. ACandS. Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Flack's contention that the district court improperly dismissed his Rule 60(b) motion lacks merit because Flack demonstrated none of the bases upon which the district court could have granted relief pursuant to that rule. See Fed. R. Civ. P. 60(b); Corex Corp. v. United States, 638 F.2d 119, 121-22 (9th Cir. 1981). Accordingly, the district court did not abuse its discretion by denying Flack's motion.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3