United States v. John R. Pittman

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. John R. PITTMAN, Defendant-Appellant. No. 92-50555. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 25, 1993. Before HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 John R. Pittman pleaded guilty to one count of possession of methamphetamine with intent to distribute under 21 U.S.C. § 841 (a)(1). Pittman was sentenced to twenty-two months in custody. On June 8, 1992, Pittman filed, pursuant to Fed.R.Civ.P. 60(b)(4), a pro se motion for relief from void judgment. District Judge Turrentine addressed the merits of Pittman's claims and denied the motion, without a hearing, in a written order filed July 31, 1992. Pittman timely appeals. 3 * As an initial matter, the district court had no jurisdiction to entertain a civil motion in a criminal case. Pittman has asked us to treat his motion as a habeas corpus petition.…