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U.S. v. BERKE

No. 97-15769.

170 F.3d 882 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Allan Marvin BERKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1999.

Attorney(s) appearing for the Case

Paul Gaffney, Williams & Connolly, Washington, D.C., for the defendant-appellant.

Wendy M. Keats, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: SNEED and FLETCHER, Circuit Judges, and WALLACH, Judge, United States Court of International Trade.

Opinion by Judge FLETCHER; Concurrence by Judge SNEED; Dissent by Judge WALLACH.

FLETCHER, Circuit Judge:

Allan Berke ("Berke") appeals the district court's denial of his motion pursuant to Federal Rule of Civil Procedure 60(b) to vacate a portion of a consent decree as void. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). Because we conclude that Berke's attack on the decree may not properly be brought under Rule 60(b)(4), we affirm.

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