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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Macheo HILL, also known as Mace, Defendant-Appellant

No. 17-10949

Decided: July 30, 2018

Before DENNIS, GRAVES, and COSTA, Circuit Judges. James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee Macheo Hill, Pro Se

Macheo Hill, federal prisoner # 28133-177, seeks a certificate of appealability (COA) to appeal the district court’s rejection of his motion filed pursuant to Federal Rule of Civil Procedure 60(b). Hill filed his Rule 60(b) motion in his criminal proceeding and insisted that it not be construed as a 28 U.S.C. § 2255 motion. Hill’s motion challenged the enhancement of his sentence under 21 U.S.C. § 851 in light of new jurisprudence and the fact that he received an executive grant of clemency reducing his life sentence to 324 months.

Because Hill is appealing from an order in his criminal proceeding, his COA motion is DENIED as unnecessary. See 28 U.S.C. § 2253(c)(1)(B). Inasmuch as Hill argues that the district court erred in denying relief based on a finding that the rules of civil procedure do not apply in criminal proceedings, he is appealing from a “meaningless, unauthorized” motion that the district court lacked jurisdiction to consider. United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). Because an appeal on this ground lacks arguable merit, it is DISMISSED. See 5th Cir. R. 42.2.



PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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