United States v. Simpson

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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