US v. Martin Salazar, No. 13-6131 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6131 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MARTIN F. SALAZAR, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, Senior District Judge. (1:06-cr-00123-MBS-1) Submitted: May 31, 2013 Before MOTZ and Circuit Judge. WYNN, Decided: Circuit Judges, and June 12, 2013 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Martin F. Salazar, Appellant Pro Se. Dean A. Eichelberger, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Martin F. Salazar appeals from the district court s text order denying his motions for reconsideration of his criminal conviction under Fed. R. Civ. P. 59 and 60, his motion for a hearing, and his motion for a new trial under Fed. R. Crim. P. 33. civil Initially, Fed. R. Civ. P. 59 and 60 are rules of procedure proceedings. and, See thus, Fed. R. not Civ. P. applicable 1, 81; United Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998). 33, Salazar s motion was clearly untimely. 33(b). Moreover, Salazar s allegations in criminal States v. Regarding Rule Fed. R. Crim. P. have been repeatedly addressed and rejected in previous motions, and therefore, even were the motion timely, it was without merit. foregoing, we affirm. We dispense contentions with are oral Based on the We deny Salazar s motion for transcripts. argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. AFFIRMED 2
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