United States v. Mosavi, 138 F.3d 1365 (11th Cir. 1998). · Go Syfert
United States v. Mosavi, 138 F.3d 1365 (11th Cir. 1998). Cases Citing This Book View Copy Cite
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cited 10× by 10 distinct cases, 2003–2023 · 5 courts→ Stable · …rule 60(b) simply does not provide for relief from judgment in a criminal case. at p. 1366
cited 3× by 3 distinct cases, 2009–2021 · 3 courts→ Stable · …rule 60(b) simply does not provide for relief from judgment in a criminal case at p. 1366
174 citation events (166 in the last 25 years) across 24 distinct courts.
Strongest positive: United States v. James Russell Johnson (ca11, 2020-08-26)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. James Russell Johnson
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
rule 60(b) simply does not provide for relief from judgment in a criminal case . . . .
discussed Cited as authority (verbatim quote) Bradley v. United States
S.D. Ga. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
rule 60(b) simply does not provide for relief from judgment in a criminal case.
discussed Cited as authority (verbatim quote) United States v. Tyree Jones
4th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
rule 60(b) simply does not provide relief from judgment in a criminal case.
discussed Cited as authority (verbatim quote) United States v. Ballard
E.D. Pa. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence high
rule 60(b) simply does not provide for relief from judgment in a criminal case.
discussed Cited as authority (quoted) United States of America v. Timothy Sean Coogle
S.D.W. Va · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
rule 60(b) simply does not provide relief from judgment in a criminal case
examined Cited as authority (quoted) United States v. Dennis Brian Devlin (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the absence of a proper objection, however, the court may review on appeal for plain error usca11 case: 21-12931 date filed: 08/31/2022 page: 9 of 9 21-12931 opinion of the court 9 if necessary in the interests of justice.
discussed Cited as authority (rule) ROGGIO v. FEDERAL BUREAU OF INVESTIGATION
D.N.J. · 2024 · confidence medium
P. 1; Murphy v. United States, 836 F. App’x 84 , 85 (3d Cir. 2021) (finding that defendant could not challenge his criminal judgment via Rule 60(b)(4) because “the Federal Rules of Civil Procedure (including Rule 60(b)) do not apply to criminal cases”); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998); United States v. Pope, 124 F. App’x 680, 681 (2d Cir. 2005) (“This motion is not an appropriate vehicle for defendant’s attempt to vacate his criminal conviction because the Federal Rules of Civil Procedure govern ‘suits of a civil nature.’ While a Rule 60(b) motion …
discussed Cited as authority (rule) United States v. Jamaal Abu Talib Hameen (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (addressing where an appellant sought to set aside, via a Fed.
cited Cited as authority (rule) McMeans v. Butler (INMATE 4)
M.D. Ala. · 2023 · confidence medium
See United States v. Fair, 326 F.3d 1317 (11th Cir. 2003); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
discussed Cited as authority (rule) Petlechkov v. FedEx Corporation
W.D. Tenn. · 2023 · confidence medium
(ECF No. 5, 1 (seeking “a preliminary injunction to enjoin the Attorney General from restitution collection effort activities”).) “There is no dispute that the [complaint] at issue challenges criminal forfeiture order[] of criminal proceedings to which [Petlechkov] was a party.” See United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Brendan Paul Wagner (2×) also: Cited "see, e.g."
11th Cir. · 2023 · confidence medium
However, “Rule 60(b) simply does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (finding that the district court lacked subject matter jurisdiction necessary to provide Rule 60(b) relief where defendant's Rule 60(b) motion challenged criminal for- feitures); see also United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003).
cited Cited as authority (rule) Tellis v. United States of America (INMATE 3)
M.D. Ala. · 2023 · confidence medium
See United States v. Fair, 326 F.3d 1317 (11th Cir. 2003); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) Gadsden v. United States of America (INMATE 3)
M.D. Ala. · 2023 · confidence medium
See United States v. Fair, 326 F.3d 1317 (11th Cir. 2003); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) Marshall v. United States of America (INMATE 3)
M.D. Ala. · 2022 · confidence medium
See United States v. Fair, 326 F.3d 1317 (11th Cir. 2003); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Larry Andrews
11th Cir. · 2021 · confidence medium
But “Rule 60(b) simply does not provide [Andrews an avenue] for relief from [the] judgment in . . . [his] criminal case . . . .” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) Jose Elias Sepulveda v. United States
11th Cir. · 2021 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998). 3 USCA11 Case: 20-14253 Date Filed: 06/02/2021 Page: 4 of 4 motion to vacate sentence.
discussed Cited as authority (rule) United States v. Eric C. Falkowski
11th Cir. · 2021 · confidence medium
Defendant’s motion attacks the final judgment in his criminal case as being “wrought with countless instances of constitutional infirmities.” However, “Rule 60(b) simply does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (finding that the district court lacked subject matter jurisdiction necessary to provide Rule 60(b) relief where defendant’s Rule 60(b) motion challenged criminal forfeitures); see United States v. Fair, 326 F.3d 1317 , 1318 4 USCA11 Case: 20-13146 Date Filed: 06/01/2021 Page: 5 of 6 (11th Ci…
discussed Cited as authority (rule) David Petersen v. United States
11th Cir. · 2021 · confidence medium
“Rule 60(b) simply does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (finding that the district court lacked subject matter jurisdiction necessary to provide Rule 60(b) relief where defendant’s Rule 60(b) motion challenged criminal forfeitures).
cited Cited as authority (rule) Richard Murphy v. United States
3rd Cir. · 2021 · confidence medium
P. 1; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam)).
discussed Cited as authority (rule) United States v. Ronald John Heromin
11th Cir. · 2021 · confidence medium
Even putting aside questions about the use of Rule 60(b) to attack a criminal conviction, see United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998); see also Gonzalez v. Crosby, 545 U.S. 524 (2005), Heromin’s claims are frivolous on their face.
discussed Cited as authority (rule) United States v. Twitty
10th Cir. · 2020 · confidence medium
Cir. 2014); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam); United States v. Breit, 754 F.2d 526, 530 (4th Cir. 1985); United States v. Edge, 315 F. App’x 92, 94-95 (10th Cir. 2009) (unpublished); United States v. Spry, 260 F. App’x 52, 54 (10th Cir. 2008) (unpublished); United States v. Ramirez, 211 F. App’x 712, 714 (10th Cir. 2007) (unpublished); United States v. Triplett, 166 F. App’x 362, 365 (10th Cir. 2006) (unpublished).2 Rule 60(b) is not an independent source of jurisdiction in criminal cases, and Twitty has not identified any other source of distr…
discussed Cited as authority (rule) Johnson v. USA-2255
D. Maryland · 2020 · confidence medium
P. 1 (stating “these rules govern the procedural in the United States district courts in all suits of a civil nature)”; United States v. O'Keefe, 169 F. 3d 281, 289 (5th Cir. 1999); United States v. Mosavi, 138 F. 3d 1365, 1366 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Samuel Zev Juravel
11th Cir. · 2020 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998); see also United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003) (holding that Rule 60(b)(4) could not be used to attack any alleged deficiencies in the district court’s order denying defendant’s 18 U.S.C. § 3582 (c)(2) motion because § 3582 is “criminal in nature”).
discussed Cited as authority (rule) United States v. Agustin Mendez-Vazquez
11th Cir. · 2019 · confidence medium
But even if we construed it as a Rule 60(b) motion for post-judgment relief, Mendez-Vazquez would fare no better: “Rule 60(b) simply does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998). 3 Case: 18-11267 Date Filed: 07/10/2019 Page: 4 of 4 DISMISSED. 4
cited Cited as authority (rule) Lee v. Givens (INMATE 3)
M.D. Ala. · 2019 · confidence medium
See United States v. Fair, 326 F.3d 1317 (11th Cir. 2003); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) Bowman v. United States of America (INMATE 3)
M.D. Ala. · 2019 · confidence medium
See United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Christopher Lawrence Jeburk
11th Cir. · 2018 · confidence medium
To the extent that Jeburk’s motion challenges his convictions and 3 Case: 18-10202 Date Filed: 09/05/2018 Page: 4 of 4 sentence, Rule 60(b) “simply does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Anton Lemar Dames
11th Cir. · 2018 · confidence medium
But, as the district court noted, Rule 60(b) “does not provide relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Lee Farkas
4th Cir. · 2018 · confidence medium
P. 1; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam); United States v. Breit, 754 F.2d 526, 530 (4th Cir. 1985), we may affirm the district court’s orders for any reason appearing on the record, Weidman v. Exxon Mobil Corp., 776 F.3d 214, 220 (4th Cir. 2015).
cited Cited as authority (rule) United States v. Jackson Vital
11th Cir. · 2017 · confidence medium
As we have previously stated, “Rule 60(b) simply does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1365-66 (11th Cir. 1998) (per curiam).
cited Cited as authority (rule) United States v. Shaun Reed
4th Cir. · 2016 · confidence medium
See United States v. O’Keefe, 169 F.3d 281, 289 (5th Cir. 1999); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam).
discussed Cited as authority (rule) United States v. Yudeisy Lopez
11th Cir. · 2016 · confidence medium
But, “Rule 60(b) simply does not provide for relief from judgment in a criminal case.” United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003) (quoting United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998)).
cited Cited as authority (rule) United States v. Stacie Weisman
11th Cir. · 2016 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Samuel Knowles
11th Cir. · 2016 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
cited Cited as authority (rule) Grafmuller v. Wegner
4th Cir. · 2016 · confidence medium
See Fed.R.Civ.P. 1, 81; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (per curiam) (“Rule 60(b) simply does not provide relief from judgment in a criminal case.”).
cited Cited as authority (rule) Michael Grafmuller v. Joseph Wegner
4th Cir. · 2016 · confidence medium
P. 1, 81; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam) (“Rule 60(b) simply does not provide relief from judgment in a criminal case.”).
cited Cited as authority (rule) United States v. Ramon Blanco
11th Cir. · 2015 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Charles Nave, III (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Rule 60(b), however, “does not provide for relief from judgment in a criminal case.” United States v. Mosavi, 138 F.3d 1365, 1365-1366 (11th Cir.1998) (observing the Federal Rules of Civil Procedure apply only to civil, not criminal, proceedings).
discussed Cited as authority (rule) United States v. Chittenden
E.D. Va. · 2015 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (holding that a defendant cannot challenge criminal forfeiture order under the Federal Rules of Civil Procedure); see also United States v. Grapes, 408 Fed.Appx. 766 (4th Cir.2011) (holding that a defendant cannot challenge criminal judgment under Federal Rules of Civil Procedure).
cited Cited as authority (rule) United States v. Derrek Arrington
D.C. Cir. · 2014 · confidence medium
See Fed.R.Civ.P. 1; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
cited Cited as authority (rule) United States v. Mark Corrigan
4th Cir. · 2014 · confidence medium
See Fed.R.Civ.P. 1, 81; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (per curiam) (stating that “Rule 60(b) simply does not provide relief from judgment in a criminal case”).
cited Cited as authority (rule) Raiphael B. Williams v. United States
11th Cir. · 2013 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Mark Pinella
4th Cir. · 2013 · confidence medium
United States v. O’Keefe, 169 F.3d 281, 289 (5th Cir.1999) (stating that criminal defendant cannot challenge orders entered in his criminal case using Fed.R.Civ.P. 60(b), and citing United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (per curiam)).
discussed Cited as authority (rule) United States v. Roberto Mario Vives (2×) also: Cited "see"
11th Cir. · 2013 · confidence medium
See United States v. Fair, 326 F.3d 1317, 1318 (11th Cir.2003) (affirming district judge’s denial of a pro se defendant’s Federal Rule of Civil Procedure 60(b) motion, because he could not use any provision of the Federal Rules of Civil Procedure to attack any alleged deficiencies in the district judge’s order denying his § 3582(c)(2) motion); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (affirming the district judge’s denying defendant’s Federal Rule of Civil Procedure 60(b) motion, because Rule 60(b) does not provide relief from a judgment in a criminal case); see …
discussed Cited as authority (rule) United States v. Robert Marvin Harris (2×) also: Cited "see"
11th Cir. · 2013 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
cited Cited as authority (rule) United States v. Arne Soreide
11th Cir. · 2013 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (holding that, rather than filing a Rule 60(b) motion, a party should challenge the forfeitures on direct appeal).
cited Cited as authority (rule) United States v. Martin Salazar
4th Cir. · 2013 · confidence medium
See Fed.R.Civ.P. 1, 81; United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Eduardo Ramos Perez
11th Cir. · 2012 · confidence medium
United States v. Mosavi, 138 F.3d 1365, 1365 (11th Cir.1998); see also Fed.R.Civ.P. 1 (stating that the Federal Rules of Civil Procedure “govern the procedure in all civil actions in the United States district courts”) (emphasis added).
discussed Cited as authority (rule) United States v. Baskerville
3rd Cir. · 2012 · confidence medium
R.Civ.P. 1 ("These rules govern ... civil actions and proceedings^]”); United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998) (“Rule 60(b) simply does not provide for relief from judgment in a criminal case.”).
discussed Cited as authority (rule) United States v. David Elkins
11th Cir. · 2011 · confidence medium
Elkins could not move the district court to reconsider his special condition of probation because “Rule 60(b) simply does not provide for relief from judgment in a criminal case,” United States v. Mosavi, 138 F.3d 1365, 1366 (11th Cir.1998).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Seyed Ali MOSAVI, Defendant-Appellant
97-6326.
Court of Appeals for the Eleventh Circuit.
Apr 14, 1998.
138 F.3d 1365
1998 U.S. App. LEXIS 7398
1998 WL 171369
Mark B. Flake, Huntsville, AL, for Defendant-Appellant., C. Douglas Jones, U.S. Atty., Shirley T. McCarty and G. Douglas Jones, Assts. U.S. Attys., Birmingham, AL, for Plaintiff-Appel-lee., Appeal from the United States District Court for the Northern District of Alabama.
Black, Hull, Fay.
Cited by 123 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Eleventh Circuit (1) · S.D. West Virginia (1)
PER CURIAM:

Seyed Ali Mosavi, the defendant below, appeals the denial by the district court of his Fed.R.Civ.P. 60(b) Motion for Relief from Judgment, in which he sought to have set aside a criminal forfeiture imposed as part of a criminal sentence entered on March 29, 1991. The defendant raises two arguments on appeal: (1) that the forfeiture of property from his brother, Seyed Jomeeh Mosavi (“Jo-meeh”), violated the defendant’s Fifth Amendment right to due process because the property forfeited in fact belonged to the defendant and not his brother, and (2) that no legitimate basis exists for the government’s forfeiture of $25,936.23 from the defendant as part of his 1991 sentence. Finding that the district court lacked the subject matter jurisdiction necessary to provide Rule 60(b) relief, we affirm the order of the district court denying the defendant’s motion.

I.

On March 27, 1991, the defendant, represented by counsel, pled guilty in the United States District Court for the Northern District of Alabama to one count of illegally stmcturing financial transactions in violation óf 3.1 Ü.S.C. § 5324(3), and one count of food stamp fraud in violation of 7 U.S.C. § 2024(b). The defendant’s brother and co-defendant, Jomeeh, pled guilty to similar charges at the same time. On March 29, 1991, the. district court sentenced the defendant and Jomeeh. Both the defendant and his brother received sentences that mandated the forfeiture of certain real properties held separately by the defendant and Jomeeh. In accordance with the terms of defendant’s plea agreement with the government, the defendant later paid the cash equivalent of[*1366] $25,936.23 plus accumulated interest in lieu of real property in satisfaction of the forfeiture portion of his sentence. In satisfaction of the forfeiture provisions of his sentence, Jomeeh forfeited his grocery store business located in Huntsville, Alabama.

The defendant and Jomeeh subsequently tried to appeal those convictions to this Court and the Supreme Court without success. On March 11, 1997, nearly 6 years after his conviction and sentence, the defendant filed a pro se “Motion for Relief from Judgment”, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. The defendant’s motion challenged the 1991 criminal forfeiture of real property from his brother Jomeeh, since, the defendant argued, he had owned the property in question since June of 1988. The district court denied his motion for relief and the defendant filed this appeal.

II.

On appeal, the defendant contends the following. First, the defendant argues that the 1991 criminal forfeiture of real property taken as part of his brother’s sentence was a taking of his property without due process in violation of the Fifth Amendment. Second, the defendant challenges the legitimacy of the $25,936.23 forfeiture to which he was sentenced, since the particular indictment count to which he pled guilty contained no forfeiture provision.

There is no dispute that the appeal at issue challenges criminal forfeiture orders of criminal proceedings to which the defendant was a party. It is also clear that the defendant, in this appeal, is challenging the district court’s denial of a Fed.R.Civ.P. 60(b) motion. We hold that the defendant cannot challenge the criminal forfeiture orders at issue under the Federal Rules of Civil Procedure. Rule 1 of the Federal Rules of Civil Procedure unambiguously provides that “[t]hese rules govern the procedure in the United States district courts in all suits of a civil nature____” The judgment and order that the defendant contests were entered, not in a civil ease, but in a criminal case, and a proper appeal of the forfeitures should have been raised in the defendant’s criminal appeal of his conviction and sentence. Rule 60(b) simply does not provide for relief from judgment in a criminal case, and as such the defendant cannot challenge the criminal forfeitures at issue under Fed.R.Civ.P. 60(b). See United States v. Ramsey, 106 F.3d 404, No. 95-2854, (7th Cir. Jan. 9, 1997) (unpublished order). [1]

For the aforementioned reasons, we affirm the order of the district court denying the defendant’s Rule 60(b) motion.

AFFIRMED.

1

. Further, the criminal forfeitures at issue cannot be challenged by a writ of error coram nobis. A writ of error coram nobis is a limited remedy of last resort, and this remedy is unavailable given that the defendant could have raised these issues on direct criminal appeal and failed to do so. See United States v. Swindall, 107 F.3d 831, 834 (11th Cir.1997).