United States v. Garner
United States v. Garner
Opinion of the Court
Anthony Davis Garner seeks to appeal a district court order denying as a second or successive 28 U.S.C. § 2255 (2000) motion his motion filed under Fed.R.Civ.P. 60(b).
DISMISSED.
. Although Garner filed his motion under Fed.R.Civ.P. 59(e), the motion was filed fourteen days after the district court’s order dismissing his § 2255 motion. Thus, the motion was properly construed as a motion for relief from judgment under Fed.R.Civ.P. 60(b).
. To the extent that Gamer may be seeking authorization under 28 U.S.C. § 2244 (2000) to file a second and successive 28 U.S.C. § 2255 (2000) motion based upon United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we deny authorization.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.