United States District Court, D. Rhode Island
WILLIAM E. SMITH, Chief Judge.
matter is before the Court on a Motion for Summary Acquittal
for Want of Due Process and Multiple Constitutional
Violations (“Motion, ” ECF No. 324) filed by
Defendant Ervin Figueroa pursuant to Federal Rule of Civil
Procedure 60(b)(3). For the following reasons, the Motion is
2008, Defendant Ervin Figueroa and five other individuals
were arrested and subsequently indicted on a number of
conspiracy, drug, firearms, and money laundering charges.
Several defendants pled guilty to the charges, but Figuera
and two others elected a trial. Following an eight-day jury
trial, Figueroa was found guilty of sixteen counts of the
Superceding Indictment. He was sentenced on June 2, 2011 to a
term of imprisonment of 188 months as to all counts to run
concurrently, followed by five years of supervised release.
Judgment entered on June 14, 2011.
First Circuit affirmed the judgment on January 30, 2013, and
subsequently denied Figueroa's motion for rehearing and
rehearing en banc. The appellate court's Mandate issued
on March 5, 2013. On October 9, 2013, the Supreme Court
denied Figueroa's petition for a writ of certiorari.
subsequently filed a motion for sentence reduction pursuant
to 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the
United States Sentencing Guidelines. (See ECF No.
290.) The Court granted the motion and reduced Figueroa's
term of imprisonment to 151 months. (See ECF No.
filed the instant Motion on October 24, 2017.II. Discussion
Figueroa brings his Motion pursuant to Fed.R.Civ.P. 60(b)(3),
alleging “after-the-fact” fraud on the Court.
(Mot. at 1.) Rule 60(b) provides:
On motion and just terms, the court may relieve a party or
its legal representative from a final judgment, order, or
proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable
diligence, could not have been discovered in time to move for
a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged;
it is based on an earlier judgment that has been reversed or
vacated; or applying it ...