472 F. App'x 105
3d Cir.2012Background
- Rivera, a federal prisoner, appeals a district court order denying his Rule 60(b)(6) relief from a prior Jackson-based claim.
- In 1992 Rivera was convicted in the Eastern District of Pennsylvania of cocaine distribution and distribution within 1000 feet of a school, receiving a 292-month sentence.
- His direct appeal was dismissed under FRAP 42(b).
- In May 1993 Rivera filed a §2255 motion; the district court denied relief on the merits and we affirmed.
- Rivera subsequently pursued numerous challenges to his conviction and sentence, including §3582 motions, §2241 petitions, and a second or successive §2255 motion, all of which were unsuccessful.
- In 2010 Rivera filed a §2241 habeas petition arguing the Jackson decision; the district court dismissed for lack of jurisdiction, and we affirmed in Rivera v. Scism, 438 F. App’x 154 (3d Cir. 2011).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 60(b)(6) relief was proper to relitigate Jackson claims. | Rivera argues he is entitled to relief under Jackson. | Scism contends Rule 60(b)(6) cannot relitigate an argument previously rejected and is not a substitute for appeal. | No; Rule 60(b)(6) relief unavailable for relitigating Jackson claims. |
| Whether Rivera adequately shows extraordinary circumstances to warrant Rule 60(b)(6) relief. | Rivera maintains extraordinary circumstances exist due to Jackson ruling. | District court and appellate court found no extraordinary circumstances warranting relief. | No; extraordinary circumstances absent. |
Key Cases Cited
- United States v. Jackson, 443 F.3d 293 (3d Cir. 2006) (Double Jeopardy issue; lesser-included offense rule under § 841(a)(1) and § 860.)
- Smith v. Evans, 853 F.2d 155 (3d Cir. 1988) (Rule 60(b) not a substitute for appeal.)
- Reform Party v. Allegheny Cnty. Dep't of Elections, 174 F.3d 305 (3d Cir. 1999) (Rule 60(b) uses cannot review prior appellate decision.)
- Budget Blinds, Inc. v. White, 536 F.3d 244 (3d Cir. 2008) (Abuse of discretion standard for Rule 60(b) motions.)
- Martinez-McBean v. Gov't of V.I., 562 F.2d 908 (3d Cir. 1977) (Rule 60(b) requires extraordinary circumstances.)