United States District Court, D. South Carolina
ORDER AND OPINION
Margaret B. Seymour, Senior United States District Court
INTRODUCTION AND DISCUSSION
Owen Harriot (“Movant”) is a federal inmate
currently housed at FCI-Estill in Estill, South Carolina.
Movant was arrested on a federal complaint on July 26, 1999,
and thereafter indicted. A superseding indictment was filed
on August 18, 1999 and a second superseding indictment on
September 22, 1999. ECF Nos. 11, 29. A third superseding
indictment was filed on July 19, 2000, charging Movant with
conspiracy to possess with intent to distribute marijuana,
cocaine, and cocaine base and distribution of marijuana,
cocaine, and cocaine base in violation of 21 U.S.C. §
841(a)(1), § 841(b)(1)(A), § 846, and § 851
(Count 1); knowingly and intentionally using a person under
18 years of age for the purposes of distributing marijuana,
cocaine, and cocaine base in violation of 21 U.S.C
§§ 841(a)(1) and 861(a)(1) (Count 2); and being an
alien in the United States after having been excluded,
deported, and removed therefrom and not having the express
consent of the Attorney General to reapply for admission to
the United States in violation of 18 U.S.C. § 1326(a)
(Count 3). ECF No. 112. On December 1, 2000, Movant was found
guilty by a jury of all three Counts. ECF No. 158. Movant was
sentenced by the Honorable Dennis W. Shedd to life
imprisonment on May 1, 2001. ECF No. 189. The Court of
Appeals for the Fourth Circuit affirmed Movant's sentence
and conviction on May 30, 2002. ECF No. 217.
October 16, 2003, Movant filed a motion under 28 U.S.C.
§ 2255 to vacate, set aside, or correct a sentence.
See 3:03-cv-03299-MJP. The court denied Movant's
motion on September 19, 2005. ECF No. 40. Movant filed a
subsequent motion under 28 U.S.C. § 2255 on August 9,
2013. ECF No. 261. The court denied Movant's motion on
April 23, 2014. ECF No. 273. On August 18, 2017, Movant filed
a third motion under 28 U.S.C. § 2255. ECF No. 297. On
March 5, 2018, the court dismissed that motion as successive,
and allowed Movant to seek authorization from the Court of
Appeals for the Fourth Circuit to file a subsequent §
2255 motion. ECF No. 325.
matter is before the court on a motion to set aside judgment
pursuant to Federal Rules of Civil Procedure 60(b)(3) and
60(d)(3) filed by Movant on August 13, 2018. ECF No. 328.
Movant argues the original judgment against him should be set
aside for fraud on the court and should also be vacated as
void for lack of subject matter jurisdiction. ECF No. 328 at
1. Movant asserts that he was arrested without probable
cause, and this fact was fraudulently concealed from the
court, grand jury, and Movant himself. Id. at 3.
may obtain relief from a final judgment when there is
“fraud (whether previously called intrinsic or
extrinsic), misrepresentation, or misconduct by an opposing
party.” Fed.R.Civ.P. 60(b)(3). To prevail on a Rule
60(b)(3) motion: (1) the moving party must have a meritorious
defense; (2) the moving party must prove misconduct by clear
and convincing evidence; and (3) the misconduct prevented the
moving party from fully presenting his case. Square
Constr. Co. v. Washington Metro. Area Transit Auth., 657
F.2d 68, 71 (4th Cir. 1981). A court must “balance the
competing policies favoring the finality of judgments and
justice being done in view of all the facts, to determine,
within its discretion, whether relief is appropriate in each
case.” Id. (citing cases).
does not provide a meritorious defense, nor does Movant
demonstrate misconduct with clear and convincing evidence or
show that misconduct prevented him from fully making his
case. Movant's fraud claim is without merit. Movant's
current motion repeats the arguments of his October 16, 2003
and January 28, 2018 § 2255 motions. In denying those
motions, the court has already found these arguments to be
motions made under Rule 60 are subject to a one-year time
limit. See Fed.R.Civ.P. 60(c)(1)(“A motion under Rule
60(b) must be made within a reasonable time-and for reasons
(1), (2), and (3) no more than a year after the entry of the
judgment or order or the date of the proceeding.”). A
jury originally returned its verdict in 2000. Movant was
sentenced in 2001. The Court of Appeals for the Fourth
Circuit affirmed Movant's conviction and sentence in
2002. Movant's motion is therefore untimely.
September 17, 2018, Movant filed a motion for an evidentiary
hearing. ECF No. 332. On October 4, 2018, Movant filed a
second motion for an evidentiary hearing. ECF No. 334.
Because Movant is not entitled to relief under Rule 60(b),
the court denies these motions as moot.
motion for relief from judgment, ECF No. 328, is
DENIED. Movant's motions for hearings,
ECF Nos. 332 and 334, are DENIED as moot.