U.S. Court of Appeals for the Fourth Circuit, 2013

United States v. Martin Salazar

United States v. Martin Salazar
U.S. Court of Appeals for the Fourth Circuit · Decided June 12, 2013 · Motz, Wynn, Hamilton
528 F. App'x 307

United States v. Martin Salazar

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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. Initially, Fed.R.Civ.P. 59 and 60 are rules of civil procedure and, thus, not applicable in criminal proceedings. See Fed.R.Civ.P. 1, 81; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998). Regarding Rule 33, Salazar’s motion was clearly untimely. Fed.R.Crim.P. 33(b). Moreover, Salazar’s allegations have been repeatedly addressed and rejected in previous motions, and therefore, even were the motion timely, it was without merit. Based on the foregoing, we affirm. We deny Salazar’s motion for transcripts. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

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