UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6131
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MARTIN F. SALAZAR,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, Senior District
Judge. (1:06-cr-00123-MBS-1)
Submitted: May 31, 2013 Decided: June 12, 2013
Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Martin F. Salazar, Appellant Pro Se. Dean A. Eichelberger,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Martin F. Salazar appeals from the district court’s
text order denying his motions for reconsideration of his
criminal conviction under Fed. R. Civ. P. 59 and 60, his motion
for a hearing, and his motion for a new trial under Fed. R.
Crim. P. 33. Initially, Fed. R. Civ. P. 59 and 60 are rules of
civil procedure and, thus, not applicable in criminal
proceedings. See Fed. R. Civ. P. 1, 81; United States v.
Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998). Regarding Rule
33, Salazar’s motion was clearly untimely. Fed. R. Crim. P.
33(b). Moreover, Salazar’s allegations have been repeatedly
addressed and rejected in previous motions, and therefore, even
were the motion timely, it was without merit. Based on the
foregoing, we affirm. We deny Salazar’s motion for transcripts.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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