United States v. Burns ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6960
UNITED STATES OF AMERICA,
Respondent - Appellee,
versus
JOHN WELDON BURNS,
Petitioner - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CR-95-149-4-H)
Submitted: November 9, 1999 Decided: December 17, 1999
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Weldon Burns, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Weldon Burns appeals the district court's order denying
his motion filed under Fed. R. Civ. P. 60(b) contesting the court's
amended judgment. This was an improper rule to use to attack the
amended criminal judgment. To the extent that Burns attacks the
underlying amended judgment, he has not shown any prejudice from
the alleged procedural errors. See United States v. Miller, 77
F.3d 71, 77-78. We therefore affirm the order.
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
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