[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAY 14, 2007
No. 06-11502 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 99-00415-CR-WPD
DESMOND GEORGE DOUGLAS,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 14, 2007)
Before TJOFLAT, BLACK and MARCUS, Circuit Judges.
PER CURIAM:
Desmond George Douglas, a federal prisoner proceeding pro se, appeals the
district court’s denial of his Federal Rule of Civil Procedure 60(b) motion in which
he seeks relief from a criminal judgment based on his “actual innocence.” He
contends that the district court erred by construing his motion as a motion filed
under 28 U.S.C. § 2255.
We review the denial of a Rule 60(b) motion for an abuse of discretion. See
Jackson v. Crosby, 437 F.3d 1290, 1295 (11th Cir.), cert. denied, 127 S.Ct. 240
(2006). Rule 60(b) does not provide for relief from the judgment in a criminal
case.1 United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998). In other
circumstances, a Rule 60(b) motion is treated as a second or successive motion
under § 2255, which is subject to the procedural requirements of the Antiterrorism
and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-32, 110 Stat.
1214 (1996). See Felker v. Turpin, 101 F.3d 657, 661 (11th Cir.1996) (28 U.S.C.
§ 2254 context).
In this case, the district court did not abuse its discretion in denying
Douglas’s motion to vacate his criminal judgment under Rule 60(b). As stated
above, Rule 60(b) does not provide for relief from a criminal judgment.
AFFIRMED.
1
In some limited circumstances, Rule 60(b) can provide relief from an earlier denial of a
§ 2255 petition. See Gonzalez v. Crosby, 545 U.S. 524, 533-36, 125 S.Ct. 2641, 2648-50, 162
L.Ed.2d 480 (2005).
2