Brown v. USA

Filing 71

MEMORANDUM AND ORDER re: 69 MOTION for Relief Rule 60(b)(1)(6) filed by Petitioner George E. Brown motion is DENIED. IT IS FURTHER ORDERED that this Court will not issue a certificate ofappealability as this motion, like the others, is frivolous.. Signed by District Judge Catherine D. Perry on 12/27/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GEORGE E. BROWN,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 1:08 CV 182 CDP

MEMORANDUM AND ORDER
Movant George Brown has once again filed a motion under Rule 60(b), in
this civil case, again seeking to re-litigate his 2006 criminal conviction. Brown
represented himself at a jury trial and was convicted of possession with intent to
distribute five grams or more of cocaine base. Case No. 1:05CR178. His
conviction and sentence were affirmed on appeal. United States v. Brown, 499
F.3d 817 (8th Cir. 2007). I denied his motion to vacate his sentence in this case
brought under 28 U.S.C. §2255 [ECF # 23] and the Court of Appeals denied a
certificate of appealability [ECF # 32]. In the years after that, Brown has filed a
number of Rule 60(b) and other motions, which I have denied. [ECF # 37, 44, 54,
57]. The Court of Appeals has repeatedly denied his requests for certificates of
appealability. [ECF # 49, 50, 68]. The Supreme Court has repeatedly denied his
petitions for certiorari. [ECF # 36, 53]. His motion for writ of coram nobis was
filed as a separate suit and denied by another judge. Case No. 1:17CV103 RLW

(Dismissed June 20, 2017). In the meantime he was released from prison and
committed a new crime. He was convicted and sentenced in the new case, Case
No. 1:15CR63 RLW, and his supervised release was revoked in the original
criminal case. The appeals in his criminal cases are numerous, but despite all these
filings, he has never obtained any post-conviction or appellate relief. This is
because all his filings are patently frivolous. Yet he continues to file them.
I have reviewed the most recent motion, and find it, like the others before it,
to be wholly without merit.
Accordingly,
IT IS HEREBY ORDERED that George Brown’s latest motion for relief
[69] is denied.
IT IS FURTHER ORDERED that this Court will not issue a certificate of
appealability as this motion, like the others, is frivolous.

____________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 27th day of December, 2018.

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