United States v. Eddie David Cox

201 F. App'x 376

Opinion

PER CURIAM.

In this consolidated appeal, Eddie David Cox, who is serving a life sentence imposed in 1990, challenges the district court’s 1 order denying his “motion to re-sentence nunc pro tunc” (Appeal No. 05-1840), and the court’s orders denying his Federal Rule of Civil Procedure 60(b)(3) motion to reopen and his “Motion to Disqualify the Organized Crime Strike Force Unit” (Appeal No. 05-4402). Following careful review, we conclude that the district court properly denied Cox’s motions for sentencing relief. See 18 U.S.C. § 3582(c)(2); 28 U.S.C. §§ 2244(b), 2255; cf. United States v. Lambros, 404 F.3d 1034, 1036 (8th Cir.) (per curiam) (it is well established that inmates may not bypass authorization requirement of § 2244(b) for filing successive § 2255 actions by invoking some other procedure), cert. denied, 545 U.S. 1135, 125 S.Ct. 2953, 162 L.Ed.2d 879 (2005); Boyd v. United States, 304 F.3d 813, 814 (8th Cir.2002) (per curiam) (if Rule 60(b) motion is actually successive § 2255 motion, district court should dismiss or, in its discretion, transfer to court of appeals).

Accordingly, we affirm. See 8th Cir. R. 47B. Cox’s pending motions are denied.

1 . The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.