Richard DeCaro v. United States, No. 14-2237 (8th Cir. 2015)
Annotate this CaseCourt Description: Criminal case - Criminal law. Defendant's Rule 60(b)(4) motion challenging his conviction and sentence was an unauthorized successive habeas petition, and the district court did not err in denying the motion. [ February 20, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2237 ___________________________ Richard DeCaro lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________ Submitted: February 18, 2015 Filed: February 23, 2015 [Unpublished] ____________ Before LOKEN, COLLOTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal inmate Richard DeCaro appeals the district court’s1 denial of his Federal Rule of Civil Procedure 60(b)(4) motion challenging his conviction and 1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. sentence. After careful review, we conclude that the motion amounted to an unauthorized successive 28 U.S.C. § 2255 motion. See 28 U.S.C. § 2255(h) (authorization requirement); Gonzalez v. Crosby, 545 U.S. 524, 532 (2005) (Rule 60(b) motion that challenges defect in integrity of habeas proceeding is not successive collateral attack, but motion that advances habeas claim is successive petition); United States v. Lambros, 404 F.3d 1034, 1036 (8th Cir. 2005) (per curiam) (inmates cannot bypass authorization requirement of § 2255 by purporting to invoke some other procedure). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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