McCreary v. United States of America

Filing 23

ORDER denying 22 Petitioner's Motion for Reconsideration. No further filings will be accepted in this closed case. Signed by Judge Frederick J Martone on 1/29/13.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Derrick L. McCreary,
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Petitioner,
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vs.
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United States of America,
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Respondent.
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No. CV-09-1023-PHX-FJM
CR-04-0313-PHX-FJM
ORDER

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We now have before us petitioner’s second motion for reconsideration pursuant to
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Rule 60(b), Fed. R. Civ. P. (doc. 22). On December 29, 2009, we issued an order accepting
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the magistrate judge’s recommendation that we deny petitioner’s motion to vacate, set aside,
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or correct the sentence pursuant to 28 U.S.C. § 2255 (doc. 14). On May 16, 2011, we denied
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petitioner’s first motion for reconsideration, concluding that petitioner had only repeated
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arguments that we had previously considered and rejected (doc. 21).
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Once again petitioner asserts a claim of ineffective assistance of counsel for counsel’s
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failure to object to the sufficiency of the underlying indictment with respect to count 5. This
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argument has been considered and rejected twice by this court. See docs. 14 and 21.
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Petitioner has failed to satisfy the requisite showing for Rule 60(b) relief from judgment.
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IT IS ORDERED DENYING petitioner’s motion for reconsideration (doc. 22). No
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further filings will be accepted in this closed case.
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DATED this 29th day of January, 2013.