UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6276
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
YARI CALE LEAKE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. W. Earl Britt, Senior
District Judge. (CR-03-4)
Submitted: April 29, 2004 Decided: May 6, 2004
Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Yari Cale Leake, Appellant Pro Se. Kimberly Ann Moore, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Yari Cale Leake appeals the district court’s order
denying his motion to reconsider, under Fed. R. Civ. P. 59(e), his
prior criminal judgment. Because Leake cannot challenge an order
in his criminal case using the Federal Rules of Civil Procedure, we
affirm. See United States v. O’Keefe, 169 F.3d 281, 289 (5th Cir.
1999) (holding that criminal defendant cannot challenge orders
entered in his criminal case using Fed. R. Civ. P. 60(b)); United
States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (holding
that a defendant cannot challenge criminal forfeiture orders under
the Federal Rules of Civil Procedure). 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 -