United States of America v. Victor Rojas

ALD-291 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 09-2844
UNITED STATES OF AMERICA
v.
VICTOR ROJAS,
Appellant
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Crim. No. 2-06-cr-00555-001)
District Judge: Honorable Faith S. Hochberg
Submitted For Determination of Whether a Certificate of Appealability Should Issue and
Possible Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6
August 20, 2009
Before: SLOVITER, FUENTES AND JORDAN, Circuit Judges
(Opinion filed: September 2, 2009)
OPINION
PER CURIAM
Victor Rojas appeals the District Court’s denial of his motion filed pursuant to
Fed. R. Civ. P. 60(b)(4). For the below reasons, we will summarily affirm the District
Court’s order.

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2
In July 2006, Victor Rojas pleaded guilty to conspiring to distribute one kilogram
or more of heroin. He was subsequently sentenced to 54 months in prison. In February
2009, Rojas filed his Rule 60(b) motion in which he argued that the criminal judgment
against him was void because he was not indicted nor was an information filed within
thirty days of his arrest. The District Court denied the motion, and Rojas filed a timely
notice of appeal.
A motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure is not an
appropriate vehicle for challenging a criminal conviction. Moreover, his motion is
without merit. Rojas raised these same claims in a § 2255 motion filed in July 2007. The
District Court denied the motion, and we denied a certificate of appealability. See No.
08-1910.
Summary action is appropriate if there is no substantial question presented in the
appeal. See Third Circuit LAR 27.4. For the above reasons, we will summarily affirm
the District Court’s order. See Third Circuit I.O.P. 10.6.

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