Shields

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 UNITED STATES OF AMERICA, Case No. 12-cr-00410-BLF-1 Case No. 17-cv-03978-BLF Plaintiff,

v. ORDER DENYING DEFENDANT SHIELDS’ RULE 59(e) MOTION AS MELVIN RUSSELL “RUSTY” SHIELDS, UNTIMELY Defendant. [Re: ECF 551]

13 Defendant Melvin Russell “Rusty” Shields (“Shields”) has filed a “Rule 59e Motion for Reconsideration of ECF-545 Order Denying 2255 and Evidentiary Hearing” (“Rule 59(e) Motion”). See Rule 59(e) Motion, ECF 551. The motion is DENIED as untimely. Shields is serving a prison sentence following his conviction of conspiracy, wire fraud, bank fraud, securities fraud, and making false statements to a bank. On January 21, 2020, this Court issued (1) an Order Denying Defendant’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence and (2) a Judgment for 28 U.S.C. § 2255 Proceedings. See Order Denying § 2255 Motion, ECF 545; Judgment, ECF 546. …