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Johnson v. United States

United States District Court, Third Circuit

August 29, 2013

JACKIE JOHNSON, Movant/Defendant,
v.
UNITED STATES of AMERICA, Respondent/Plaintiff. Crim. No. 04-103-SLR

MEMORANDUM ORDER

SUE ROBINSON, District Judge.

At Wilmington this 29th day of August, 2013, having reviewed the above captioned case;

IT IS ORDERED that movant Jackie Johnson's ("movant") Rule 60(b) motion for reconsideration (D.I. 139) is DENIED, for the reasons that follow:

1. Background, On September 28, 2004, movant was indicted on one count of possession with intent to distribute more than 50 grams of a mixture and substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(A). (D.I. 1) A two-day jury trial was held in February 2006 and, after deliberating for approximately 30 minutes, the jury convicted movant as charged. Movant filed a post trial "motion for a judgment of acquittal and new trial pursuant to Fed. R. Crim. P. 29 & 33", which the court denied on June 14, 2006. (D.I. 58; D.I. 67; D.I. 68) On January 30, 2007, the court sentenced movant to 240 months of imprisonment and a 10-year term of supervised release, and ordered movant to pay a $100 special assessment. (D.I. 92)

2. Movant appealed, and the Third Circuit Court of Appeals affirmed movant's conviction on October 2, 2008. (D.I. 93; D.I. 102)

3. Movant filed a timely § 2255 motion, and then he filed an amended § 2255 motion with the court's permission. (D.I. 103; D.I. 121) The government filed an answer asking the court to deny the motion in its entirety. (D.I. 123) Thereafter, in August 2010, movant filed a second amended § 2255 motion adding a new argument that he should receive a new sentencing hearing under the Fair Sentencing Act of 2010. (D.I. 129)

4. In a memorandum opinion and order dated January 7, 2011, the court denied movant's 2255 motion in its entirety. (D.I. 130; D.I. 131)

5. Movant filed a motion for Rule 59(e) motion for reconsideration, which the court denied on April 27, 2011. (D.I. 132; D.I. 136)

6. Movant appealed the denial of his § 2255 motion, and the Third Circuit Court of Appeals terminated the appeal on June 9, 2011. (D.I. 138)

7. On August 6, 2012, movant filed a Rule 60(b) motion for reconsideration of this court's denial of his § 2255 motion. (D.I. 139)

8. Standard of Review. A motion for reconsideration filed pursuant to Federal Rule of Civil Procedure 60(b) "allows a party to seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances including fraud, mistake, and newly discovered evidence." Gonzalez v. Crosby, 545 U.S. 524, 528 (2005). Rule 60(b) provides that a party may file a motion for relief from a final judgment for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence by which due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.

Fed R. Civ. P. 60(b).

9. Rule 60(b) motions are left to the sound discretion of the trial court, consistent with accepted legal principles applied in light of all relevant circumstances. Pierce Assoc. Inc. v. Nemours Found., 865 F.2d 530, 548 (3d Cir. 1988). A court may grant a Rule 60(b) motion only in extraordinary circumstances, [1] and a Rule 60(b) motion is not appropriate to reargue issues that the court has ...


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