Owens v. United States of America

Filing 60

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that movant's motion for relief from judgment under Rule 60(b)(4) of the Federal Rules of Civil Procedure 59 is denied. Signed by District Judge Catherine D. Perry on 3/28/2017. (CBL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANTHONY OWENS, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 4:13 CV 2561 CDP MEMORANDUM AND ORDER Movant Anthony Owens pleaded guilty to two counts of being an accessory after the fact and to murder in aid of racketeering under 18 U.S.C. § 1959(a)(1) and § 3. Case No. 4:11CR246CDP. I sentenced him to 102 months’ imprisonment followed by a three-year term of supervised release. He did not appeal. Owens then filed this case under 28 U.S.C. § 2255, seeking to vacate, set aside, or correct his sentence. I rejected all his claims in a Memorandum and Order (ECF #35) and entered judgment against him on July 8, 2015. I also declined to issue a certificate of appealability. In December 2015, the Eighth Circuit dismissed Owens’ appeal of this decision, Owens v. United States, No. 15-2877 (8th Cir. Dec. 29, 2015) (judgment), and later affirmed my denial of his post-judgment motions, Owens v. United States, No. 16-1166 (8th Cir. Feb. 8, 2016) (judgment). Owens now moves to set aside the judgment in this closed case under Fed. R. Civ. P. 60(b)(4), arguing that it is void. I have reviewed Owens’ motion and find that it simply reargues the grounds raised in his § 2255 motion to vacate and in his post-judgment motions – arguments that I have previously rejected. Owens has presented nothing either by argument or evidence that would change my prior analysis or convinces me that my previous analysis was incorrect. I will therefore deny his Rule 60(b)(4) motion for relief from judgment. Accordingly, IT IS HEREBY ORDERED that movant’s motion for relief from judgment under Rule 60(b)(4) of the Federal Rules of Civil Procedure [59] is denied. _________________________________ CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 28th day of March, 2017. -2-

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