March 14th, 2020

US Court of Appeals for the Fifth Circuit Opinions
United States v. Jiminez-Garcia

Docket: 19-10625
Opinion Date: March 13, 2020
Judge: Stephen Andrew Higginson
Areas of Law: Criminal Law

Defendant appealed the district court's denial of his Federal Rule of Civil Procedure 60(b)(4) motion for relief from the 2010 judgment convicting him of, and sentencing him for, bank robbery. The Fifth Circuit vacated the district court's judgment and remanded for the district court to determine in the first instance whether it has jurisdiction to consider defendant's Rule 60(b) motion and whether it should issue a certificate of appealability (COA). Because the district court has not ruled on whether defendant should be granted a COA to challenge the denial of his Rule 60(b) motion, the court held that it lacked appellate jurisdiction to consider the district court's denial of defendant's Rule 60(b) motion.

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