United States v. Victor Brown

MEMORANDUM

After a jury trial, Victor Brown was convicted of conspiring to traffic in cocaine, and possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 853. Brown filed a timely motion to vacate or set aside his conviction pursuant to 28 U.S.C. § 2255 , which the district court denied on the merits. Brown then filed a Rule 60(b) motion asking the district court to reopen his § 2255 motion, which the district court construed as an uncertified second or successive § 2255 motion and dismissed for lack of jurisdiction.

Brown now appeals the district court’s order denying his Rule 60(b) motion, as well as the district court’s order denying his original § 2255 motion, seeking review of the merits as to certain claims presented therein. We dismiss as untimely Brown’s appeal of the district court’s order denying his § 2255 motion, and affirm the district court’s order dismissing Brown’s Rule 60(b) motion for lack of jurisdiction.

I. Brown’s § 2255 Appeal

This court does not have jurisdiction to review the district court’s order denying Brown’s § 2255 motion because Brown failed to file a timely notice of appeal (“NOA”) of that order. An appeal…