Thurman D. Payne, federal prisoner # 16992-180, appeals the district court’s denial of his Fed.R.CivP. 60(b)(3) motion seeking relief from his guilty-plea conviction and sentence. Because Payne waived his right to indictment by grand jury, the record does not support Payne’s allegations of fraud. See United States v. Cothran, 302 F.3d 279, 283 (5th Cir. 2002). The district court did not abuse its discretion in denying Payne’s motion. See Seven Elves v. Eskenazi, 635 F.2d 396, 402 (5th Cir. 1981). Accordingly, the district court’s order is AFFIRMED.