U.S. Court of Appeals for the Fourth Circuit, 2016

Grafmuller v. Wegner

Grafmuller v. Wegner
U.S. Court of Appeals for the Fourth Circuit · Decided January 20, 2016 · Agee, Floyd, Wynn
631 F. App'x 133

Grafmuller v. Wegner

Opinion of the Court

PER CURIAM:

Michael P. Grafmuller appeals the district court’s orders denying his Fed. R.CÍV.P. 60(b)(4) motion to vacate his prior criminal convictions by a general court martial and denying his Fed.R.Civ.P. 59(e) motion to reconsider. The Federal Rules of Civil Procedure do not provide a vehicle by which Grafmuller may challenge his criminal judgment. See Fed.R.Civ.P. 1, 81; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam) (“Rule 60(b) simply does not provide relief from judgment in a criminal case.”). We therefore affirm the district court’s orders. 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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