United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS August 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-50215
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THURMAN D. PAYNE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-899-3-DB
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Thurman D. Payne, federal prisoner # 16992-180, appeals the
district court’s denial of his FED. R. CIV. P. 60(b)(3) motion
seeking relief from his guilty-plea conviction and sentence.
Because Payne waived his right to indictment by grand jury, the
record does not support Payne’s allegations of fraud. See United
States v. Cothran, 302 F.3d 279, 283 (5th Cir. 2002). The
district court did not abuse its discretion in denying Payne’s
motion. See Seven Elves v. Eskenazi, 635 F.2d 396, 402 (5th Cir.
1981). Accordingly, the district court’s order is AFFIRMED.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.