Richard DeCaro v. United States of America

United States Court of Appeals
For the Eighth Circuit
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No. 14-2237
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Richard DeCaro
lllllllllllllllllllllPetitioner - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: February 18, 2015
Filed: February 23, 2015
[Unpublished]
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Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
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PER CURIAM.
Federal inmate Richard DeCaro appeals the district court’s denial of his1
Federal Rule of Civil Procedure 60(b)(4) motion challenging his conviction and
The Honorable Audrey G. Fleissig, United States District Judge for the1
Eastern District of Missouri.

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sentence. After careful review, we conclude that the motion amounted to an
unauthorized successive 28 U.S.C. § 2255 motion. See 28 U.S.C. § 2255(h)
(authorization requirement); Gonzalez v. Crosby, 545 U.S. 524, 532 (2005) (Rule
60(b) motion that challenges defect in integrity of habeas proceeding is not
successive collateral attack, but motion that advances habeas claim is successive
petition); United States v. Lambros, 404 F.3d 1034, 1036 (8th Cir. 2005) (per curiam)
(inmates cannot bypass authorization requirement of § 2255 by purporting to invoke
some other procedure). Accordingly, we affirm. See 8th Cir. R. 47B.
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