United States v. Washington, No. 09-56569 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of conspiring to manufacture one kilogram or more of a substance containing phencylcidine (PCP); possession of approximately eleven kilograms of piperidinocyclohexanecarbonitrile (PCC) with intent to manufacture PCP; and attempted manufacture of more than one kilogram of a substance containing PCP. At issue was whether the district court had jurisdiction to hear defendant's self-styled Federal Rule of Civil Procedure 60(b) motion, or whether that court should have dismissed it for lack of jurisdiction because it was actually a disguised third request for relief under 28 U.S.C. 2255 that did not meet the standard in section 2255(h) for second or successive motions brought under that section. The court held that because all of the issues on appeal were of the merits variety, the court vacated the district court's denial of defendant's Rule 60(b)(4) motion and remanded with instructions to dismiss it as an unauthorized successive section 2255 motion.
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