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Harris v. United States

Rule 60(B) motion procedurally barred as an impermissible effort to avoid §2255 restrictions.

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Judge Haight

HARRIS v. UNITED STATES — Petitioner Roy William Harris has moved pursuant to Rule 60(b)(6), Fed. R. Civ. P., for relief from the Opinion and Order of this Court dated May 20, 1998, which dismissed Harris’s petition for a writ of habeas corpus under 28 U.S.C. §2255. Harris v. United States, 9 F.Supp. 2d 246 (S.D.N.Y. 1998), aff’d., 216 F.3d 1072, 2000 WL 730375 (2d Cir. 2000) (table).1 Harris seeks by his present motion to reduce the length of his sentence, on the ground that this Court’s Sentencing Guideline calculations were incorrect. The present circumstances of the case are described in this Court’s opinion dated October 30, 2002 and reported at 2002 WL 31427358 (the “October Opinion”), familiarity with which is presumed.

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