Legal Opinion

United States v. Joshua Herrera

Court of Appeals for the Fifth Circuit

Decided February 4, 2016No. 15-40375Unpublished

1Opinion of the Court

PER CURIAM: *

Joshua Herrera, federal prisoner # 21059-078, pleaded guilty to committing a felony offense involving a minor under 18 U.S.C. § 2242(b) while being a registered sex offender, in violation of 18 U.S.C. § 2260A. In January of 2014, Herrera was sentenced to 120 months of imprisonment. He did not file a direct appeal.

In December of 2014, Herrera filed a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b), requesting the district court to vacate his conviction and sentence. The district court denied the motion because Rule 60(b), a rule of civil…

2Cases cited5 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Castro v. United StatesSupreme Court of the United States · 2003
  3. United States v. Billy Ray VaughnCourt of Appeals for the Fifth Circuit · 1992
  4. United States v. RichCourt of Appeals for the Fifth Circuit · 1998
  5. United States v. Richard BouldinCourt of Appeals for the Fifth Circuit · 2012

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