United States v. Charles Nave, III

Case: 14-14485 Date Filed: 06/15/2015 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-14485
Non-Argument Calendar
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D.C. Docket No. 2:13-cr-00061-JES-UAM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES NAVE, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(June 15, 2015)
Before JORDAN, JILL PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Case: 14-14485 Date Filed: 06/15/2015 Page: 2 of 2
Charles Nave, III, proceeding pro se, appeals the district court’s dismissal
without prejudice of his motion for relief from judgment pursuant to Fed. R. Civ.
P. 60(b)(3), (b)(4), and (d)(3), which sought to vacate his conviction and sentence
for distributing material involving the sexual exploitation of minors. On appeal,
Nave argues the district court abused its discretion by dismissing his Rule 60
motion because he demonstrated that a fraud upon the court had occurred and that
the court based his conviction and sentence upon that fraud. We affirm.
Rule 60(b) of the Federal Rules of Civil Procedure permits a court to
“relieve a party . . . from a final judgment, order, or proceeding” for various
reasons. See, e.g., Fed. R. Civ. P. 60(b)(3) (“fraud . . ., misrepresentation, or
misconduct by an opposing party”); (b)(4) (“the judgment is void”); (b)(6) (“any
other reason that justifies relief”). Rule 60(b), however, “does not provide for
relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365,
1365-1366 (11th Cir. 1998) (observing the Federal Rules of Civil Procedure apply
only to civil, not criminal, proceedings). Therefore, the district court did not err in
determining it lacked jurisdiction to grant Nave relief from his criminal judgment
under Rule 60. See id. (holding “the district court lacked subject matter
jurisdiction necessary to provide Rule 60(b) relief” in a criminal forfeiture
proceeding).
AFFIRMED.
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