United States v. Clifford Winkles

Appellant Clifford Marcus Winkles appeals the denial of his Rule 60(b) motion for relief from judgment following the denial of his section 2255 motion to vacate, set aside, or correct his sentence. Winkles was incarcerated for a term of 476 months following his conviction in federal district court. His conviction and sentence were affirmed on direct appeal.

. Winkles previously filed a Rule 60(b) motion that the district court denied. We denied a certificate of appealability (“COA”). He later filed the Rule 60(b) motion at issue in this appeal. The district court denied this motion as well. A motions panel of this court referred the matter to this panel to determine whether a COA is required to appeal the denial of a legitimate Rule 60(b) motion, whether Winkles’s appeal presents such a motion, and whether the district court abused its discretion in denying the Rule 60(b) motion.

We have jurisdiction to consider the first question under 28 U.S.C. §§ 1291 , 2253(a). For the reasons that follow, we hold that a COA is required. We next conclude that Winkles is not entitled to a COA. Because a COA is required and Winkles is not entitled to one, we lack jurisdiction to…