Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Allan Marvin BERKE, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided March 16, 1999No. 97-15769PublishedCited by 61 opinions
1Opinion of the Court
Opinion by Judge FLETCHER; Concurrence by Judge SNEED; Dissent by Judge WALLACH.
FLETCHER, Circuit Judge:
Allan Berke (“Berke”) appeals the district court’s denial of his motion pursuant to Federal Rule of Civil Procedure 60(b) to vacate a portion of a consent decree as void. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1). Because we conclude that Berke’s attack on the decree may not properly be brought under Rule 60(b)(4), we affirm.
Berke and four co-defendants were indicted in 1989 for violations of federal obscenity laws and operation of a criminal enterprise. As part of a plea…
2Cases cited3 opinions
- In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985
- John Henry Tomlin v. William McDaniel Kenneth Lucas, Frank ReyesCourt of Appeals for the Ninth Circuit · 1989
- Jones v. GilesCourt of Appeals for the Ninth Circuit · 1984
3Cited by61 opinions
- Securities & Exchange Commission v. Internet Solutions for Business Inc.Court of Appeals for the Ninth Circuit · 2007
- In re SassonCourt of Appeals for the Ninth Circuit · 2005
- Jeff D. v. KempthorneCourt of Appeals for the Ninth Circuit · 2004
- Jeff D. v. KempthorneCourt of Appeals for the Ninth Circuit · 2004
- Craigslist, Inc. v. HubertDistrict Court, N.D. California · 2011
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