United States v. Smith

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11244
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LONNIE CHARLES SMITH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
(93-CR-29-19)
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February 2, 2000
Before POLITZ, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Lonnie Charles Smith appeals the district
court’s denial of his motions for relief from judgment filed
pursuant to Fed. R. App. P. 60(b) following the denial of his 28
U.S.C. § 2255 motion to vacate, set aside, or correct sentence.
Smith did not argue in his Rule 60(b) motions that the district
court erred in dismissing his § 2255 motion. Rather, Smith raised
new arguments challenging the validity of his underlying criminal
conviction. Rule 60(b) is not the proper vehicle in which to
allege additional claims that were not raised prior to judgment.

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2
See Behringer v. Johnson, 75 F.3d 189, 190 (5th Cir. 1996).
Accordingly, Smith cannot show that the district court abused its
discretion in refusing to consider his additional claims raised for
the first time in his Rule 60(b) motion. The district court’s
orders are
AFFIRMED.

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