United States v. Simpson ( 2000 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-7395
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ERNEST EDWARD SIMPSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR-
    81-508)
    Submitted:   December 14, 2000         Decided:     December 22, 2000
    Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Ernest Edward Simpson, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Ernest Edward Simpson appeals the district court’s order deny-
    ing his motion filed under Fed. R. Civ. P. 60(b), in which he chal-
    lenged a 1981 criminal judgment against him.   We have reviewed the
    record and the district court’s opinion and find no reversible
    error.   We agree with the district court that Simpson improperly
    invoked the Federal Rules of Civil Procedure to collaterally attack
    a criminal judgment.   United States v. O’Keefe, 
    169 F.3d 281
    , 289
    (5th Cir. 1999) (citing United States v. Mosavi, 
    138 F.3d 1365
    ,
    1366 (11th Cir. 1998)).    Because Simpson does not challenge the
    district court’s alternative rulings in his informal brief filed in
    this court, he has not preserved those issues for our review.   4th
    Cir. R. 34(b).   Accordingly, we grant Simpson leave to proceed on
    appeal in forma pauperis and affirm on the reasoning of the dis-
    trict court. United States v. Simpson, No. CR-81-508 (D. Md. Sept.
    11, 2000).    We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 00-7395

Filed Date: 12/22/2000

Precedential Status: Non-Precedential

Modified Date: 10/31/2014