U.S. v. WASHINGTON

No. 09-56569.

653 F.3d 1057 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Fulton Leroy WASHINGTON, AKA Larry W. Scott, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2011.


Attorney(s) appearing for the Case

Michael J. Treman , Santa Barbara, CA, for appellant Fulton Leroy Washington.

Patrick R. Fitzgerald , Assistant United States Attorney, Los Angeles, CA, for appellee United States of America.

Before: DIARMUID F. O'SCANNLAIN and SANDRA S. IKUTA, Circuit Judges, and LAWRENCE L. PIERSOL, Senior District Judge.


OPINION

IKUTA, Circuit Judge:

Fulton Leroy Washington has challenged (or attempted to challenge) his conviction four times: on direct appeal, in his first motion under 28 U.S.C. § 2255, in a second § 2255 motion, and now in a motion purportedly under Rule 60(b)(4) of the Federal Rules of Civil Procedure. This appeal requires us to determine whether the district court had jurisdiction to hear Washington's self-styled Rule 60(b) motion, or whether...

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