United States v. Franklyn Gene Perry

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Franklyn Gene PERRY, Defendant-Appellant. No. 92-16696. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Oct. 1, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Franklyn G. Perry, a federal prisoner, appeals pro se the district court's order denying his Fed.R.Civ.P. 60(b) motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Perry was convicted of mail fraud, attempt to evade income taxes, and obstruction of a criminal investigation. We review the district court's denial of Perry's Rule 60(b) motion for an abuse of discretion. See Floyd v. Laws, 929 F.2d 1390, 1400 (9th Cir.1991). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Perry contends that the district court erred by denying his motion to reconsider…