United States v. Carlos Hernandes, 708 F.3d 680 (5th Cir. 2013). · Go Syfert
United States v. Carlos Hernandes, 708 F.3d 680 (5th Cir. 2013). Cases Citing This Book View Copy Cite
43 citation events (43 in the last 25 years) across 4 distinct courts.
Strongest positive: Chi v. United States (txed, 2025-08-13)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 32 distinct citers.
cited Cited as authority (rule) Chi v. United States
E.D. Tex. · 2025 · confidence medium
United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013).
discussed Cited as authority (rule) Newby v. United States
E.D. Tex. · 2025 · confidence medium
Hernandes, 708 F.3d 680, 681-82 (5th Cir. 2013) (explaining the distinction between Rule 60(b) motions that “advance one or more claims” and those that “attack . . . some defect in the integrity of the federal habeas proceedings” and finding that “[t]he former should be construed as successive habeas petitions” (cleaned up)); Revers, 99 F.4th at 222 (highlighting that “filings introduced after a final judgment that raise habeas claims, no matter how titled, are deemed successive”).
discussed Cited as authority (rule) Benitez v. United States
E.D. Tex. · 2025 · confidence medium
“A Rule 60(b) motion that raises new substantive claims or attacks the district court’s merit-based resolution of prior § 2255 claims should be construed as a successive § 2255 motion.” United States v. Wallace, 628 F. App’x 310, 311 (5th Cir. 2016) (citing Gonzalez, 545 U.S. at 530 , 532 & n.4; United States v. Hernandes, 708 F.3d 680, 682 (5th Cir. 2013)).
cited Cited as authority (rule) United States v. Moore
5th Cir. · 2021 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524, 531-32 (2005); United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013); § 2255(h).
discussed Cited as authority (rule) Megwa v. United States (2×) also: Cited "see, e.g."
N.D. Tex. · 2021 · confidence medium
United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013) (citing Gonzalez, 545 U.S. at 532 & n.4).
discussed Cited as authority (rule) United States v. Franklin
5th Cir. · 2020 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524, 532-33 (2005) (addressing a Rule 60(b) motion in a 28 U.S.C. § 2254 proceeding); United States v. Hernandes, 708 F.3d 680, 681-82 (5th Cir. 2013) (applying Gonzalez to analyze a Rule 60(b) motion filed in a § 2255 proceeding).
discussed Cited as authority (rule) United States v. Adrian Jiminez-Garcia (2×) also: Cited "see"
5th Cir. · 2020 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524, 530 (2005); United States v. Hernandes, 708 F.3d 680, 681-82 (5th Cir. 2013).
discussed Cited as authority (rule) United States v. Andre McDaniels
5th Cir. · 2018 · confidence medium
Although McDaniels does not appeal from the original judgment, we pause to caution habeas petitioners, many of whom are without counsel, of the risk that if a Rule 59 motion is found to be a successive writ application and they do not file a notice of appeal from an initial judgment, they can lose their right to appeal both from the initial judgment and from the denial of reconsideration. 4 See Hernandes , 708 F.3d at 681-82 (finding that defendant's Rule 60(b) motion was, in reality, a second habeas petition because it "resurrected ... substantive argument[s]" from his original § 2255 motion…
cited Cited as authority (rule) United States v. Norris Fisher
5th Cir. · 2018 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524 , 530–33 (2005); United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013).
cited Cited as authority (rule) United States v. Brenda Ford
5th Cir. · 2017 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524, 531-32 , 125 S.Ct. 2641 , 162 L.Ed.2d 480 (2005); United States v. Remandes, 708 F.3d 680, 681 (5th Cir. 2013).
cited Cited as authority (rule) United States v. Tony Alvarez
5th Cir. · 2017 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524, 530-33 , 125 S.Ct. 2641 , 162 L.Ed.2d 480 (2005); United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013).
discussed Cited as authority (rule) United States v. Torri Anderson
5th Cir. · 2016 · confidence medium
Anderson’s postjudgment motion was properly construed as an unauthorized successive § 2255 motion; See Gonzalez v. Crosby, 545 U.S. 524, 531-32 , 125 S.Ct. 2641 , 162 L.Ed.2d 480 (2005); United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013), Because the district court lacked jurisdiction to consider Anderson’s postjudgment motion, we lack jurisdiction to review the denial of that motion on the merits.
discussed Cited as authority (rule) United States v. David Wallace
5th Cir. · 2016 · confidence medium
Gonzalez v. Crosby, 545 U.S. 524, 530 , 532 & n. 4, 125 S.Ct. 2641 , 162 L.Ed.2d 480 (2005) ( 28 U.S.C. § 2254 case); United States v. Her-nandes, 708 F.3d 680, 681 (5th Cir.2013) (applying Gonzalez to a § 2255 motion).
cited Cited as authority (rule) United States v. Hector Macias
5th Cir. · 2015 · confidence medium
See Gonzalez v. Crosby, 545 U.S. 524, 530 , 532 & n. 4, 125 S.Ct. 2641 , 162 L.Ed.2d 480 (2005); United States v. Hernandes, 708 F.3d 680, 681 (5th Cir.2013) (applying Gonzalez to a § 2255 motion).
discussed Cited as authority (rule) In re: Lester Bower (2×) also: Cited "see, e.g."
5th Cir. · 2015 · confidence medium
Therefore, we conclude that Bower’s “Rule 60(b) motion is, in fact, a [§ 2254] motion in disguise because it is precisely the sort of prohibited motion that attacks the federal court’s previous resolution of a claim on the merits.” Hernandes, 708 F.3d at 682 (alteration omitted) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Lester Bower v. William Stephens, Director (2×) also: Cited "see, e.g."
5th Cir. · 2015 · confidence medium
Therefore, we conclude that Bower’s “Rule 60(b) motion is, in fact, a [§ 2254] motion in disguise because it is precisely the sort of prohibited motion that attacks the federal court’s previous resolution of a claim on the merits.” Hernandes, 708 F.3d at 682 (alteration omitted) (internal quotation marks and citations omitted).
discussed Cited "see" Al Haj v. United States (2×) also: Cited "see, e.g."
N.D. Tex. · 2023 · signal: see · confidence high
See Hernandes, 708 F.3d at 682 (finding that “Rule 60(b) motion is, in fact, a § 2255 motion in disguise . . .because it is precisely the sort of prohibited motion that ‘attacks the federal court’s previous resolution of a claim on the merits’”) (quoted cases omitted) (emphasis in original)).
cited Cited "see" United States v. Reedy
5th Cir. · 2023 · signal: see · confidence high
See United States v. Hernandes, 708 F.3d 680, 681-82 (5th Cir. 2013); see also Gonzalez v. Crosby, 545 U.S. 524 , 530-32 & n.4 (2005).
discussed Cited "see" Rafiq v. United States (2×) also: Cited "see, e.g."
N.D. Tex. · 2022 · signal: see · confidence high
See Hernandes, 708 F.3d at 682 (finding that “Rule 60(b) motion is, in fact, a § 2255 motion in disguise . . .because it is precisely the sort of prohibited motion that ‘attacks the federal court’s previous resolution of a claim on the merits’”) (quoted cases omitted) (emphasis in original)).
discussed Cited "see" Lin v. United States
N.D. Tex. · 2022 · signal: see · confidence high
See United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013); see also Williams v. Thaler, 602 F.3d 291, 302 (5th Cir. 2010) (recognizing that nearly every circuit has applied the Gonzalez rationale to federal prisoners seeking relief from their judgment under § 2255). juvenile adjudication, he would not have been convicted and sentenced as a felon in possession of a firearm in a prior 2006 federal case in Mississippi, which in turn means his sentence in this underlying criminal case would not have been enhanced for committing the offense while on supervised release in the Mississippi ca…
discussed Cited "see" Peucker v. Director, TDCJ-CID (2×) also: Cited "see, e.g."
N.D. Tex. · 2022 · signal: see · confidence high
See Hernandes, 708 F.3d at 682 (holding that “Rule 60(b) motion is, in fact, a § 2255 motion in disguise” when “it is precisely the sort of prohibited motion that ‘attacks the federal court’s previous resolution of a claim on the merits’” (quoted cases omitted; emphasis in original)).
cited Cited "see" United States v. Vialva
5th Cir. · 2018 · signal: see · confidence high
See United States v. Hernandes , 708 F.3d 680 , 681 (5th Cir. 2013).
discussed Cited "see" United States v. Christopher Vialva
5th Cir. · 2018 · signal: see · confidence high
See United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013). 6 Case: 18-70007 Document: 00514642188 Page: 7 Date Filed: 09/14/2018 No. 18-70007 cons. w/ No. 18-70008 Applying Gonzalez, we have held that claims of procedural defect must be “narrowly construed” when considering whether motions are subject to the limits on successive habeas petitions.
discussed Cited "see" United States v. Joel Patton
5th Cir. · 2018 · signal: see · confidence high
See United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013); Brown, 547 F. App’x at 641 ; see also Williams v. Thaler, 602 F.3d 291, 303 (5th Cir. 2010) (noting with approval that “[n]early every circuit has applied the Gonzalez rationale to federal prisoners seeking habeas relief under § 2255” and collecting cases).
cited Cited "see" James Rudzavice v. E. Mejia
5th Cir. · 2018 · signal: see · confidence high
See United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013) (citing Gonzalez v. Crosby, 545 U.S. 524, 532 (2005)).
discussed Cited "see" Willie Trottie v. William Stephens, Director
5th Cir. · 2014 · signal: see · confidence high
Insofar as Trottie sought to re-litigate claims that have already been litigated and resolved, “[a] Rule 60(b) motion is not a proper mechanism to re-litigate the merits of [previously litigated claims] and surely not a proper vehicle for doing so when the judgment from which [Trottie] seeks relief has been confirmed on appeal. ...” Hall v. Stephens, No. 3:10-CV-135, 2014 WL 4215329 (5th Cir. Aug. 27, 2014); see United States v. Hernandes, 708 F.3d 680 (5th Cir.2013) (holding Rule 60(b) motion should be construed as a successive habeas petition under § 2255 where it attacked the merits of…
cited Cited "see, e.g." Herrera v. United States
N.D. Tex. · 2024 · signal: see also · confidence medium
Gonzalez, 545 U.S. at 532 & nn.4-5; see also United States v. Hernandes, 708 F.3d 680, 681-82 (5th Cir. 2013).
discussed Cited "see, e.g." Atkins v. United States
N.D. Tex. · 2023 · signal: see, e.g. · confidence medium
“While the Gonzalez court declined to consider whether its analysis would be equally applicable to § 2255 cases,” United States v. Brown, 547 F. App’x 637, 641 (5th Cir. 2013) (per curiam) (citing Gonzalez, 545 U.S. at 529 n.3), the Fifth Circuit “has applied the holding in Gonzalez to § 2255 cases,” id. (collecting cases); see, e.g., United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013) (“[W]here a Rule 60(b) motion advances one or more substantive claims, as opposed to a merely procedural claim, the motion should be construed as a successive § 2255 motion.” (citation…
discussed Cited "see, e.g." Atkins v. United States
N.D. Tex. · 2023 · signal: see, e.g. · confidence medium
“While the Gonzalez court declined to consider whether its analysis would be equally applicable to § 2255 cases,” United States v. Brown, 547 F. App’x 637, 641 (5th Cir. 2013) (per curiam) (citing Gonzalez, 545 U.S. at 529 n.3), the Fifth Circuit “has applied the holding in Gonzalez to § 2255 cases,” id. (collecting cases); see, e.g., United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013) (“[W]here a Rule 60(b) motion advances one or more substantive claims, as opposed to a merely procedural claim, the motion should be construed as a successive § 2255 motion.” (citation…
cited Cited "see, e.g." Atkins v. U.S. Dept of Justice - F.B.O.P.
E.D. Tex. · 2021 · signal: see also · confidence medium
See United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000); see also United States v. Hernandes, 708 F.3d 680, 681 (5th Cir. 2013).
discussed Cited "see, e.g." Chris Gilkers v. Darrel Vannoy, Warden
5th Cir. · 2018 · signal: see, e.g. · confidence low
See, e.g., United States v. Hernandes , 708 F.3d 680 , 681 (5th Cir. 2013) (limiting decision to "only analyz[ing] this particular Rule 60(b) motion" under Gonzalez ).
discussed Cited "see, e.g." United States v. Derrek Arrington
D.C. Cir. · 2014 · signal: see, e.g. · confidence medium
See, e.g., United States v. Hernandes, 708 F.3d 680, 681 (5th Cir.2013); United States v. Washington, 653 F.3d 1057, 1059-60 (9th Cir.2011); In re Nailor, 487 F.3d 1018, 1021-23 (6th Cir.2007); United States v. Nelson, 465 F.3d 1145, 1147 (10th Cir.2006); Jackson v. Crosby, 437 F.3d 1290, 1294-95 (11th Cir.2006).
UNITED STATES of America, Plaintiff-Appellee
v.
Carlos Zuniga HERNANDES, Also Known as CACA, Also Known as Carlos Zuniga Hernandez, Defendant-Appellant
11-50669.
Court of Appeals for the Fifth Circuit.
Feb 15, 2013.
708 F.3d 680
Joseph H. Gay, Jr., Mark Randolph Stelmach, Assistant U.S. Attorneys, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee., Carlos Zuniga Hernandes, White Deer, PA, pro se.
Reavley, Jolly, Davis.
Cited by 33 opinions  |  Published
REAVLEY, Circuit Judge:

Appellant Carlos Zuniga Hernandes is a federal prisoner who has pleaded' guilty to conspiracy to distribute and possess with the intent to distribute cocaine and methamphetamine. After sentencing, Her-nandes filed a motion under 28 U.S.C. § 2255 claiming inter alia that his trial[*681] counsel represented him while under a conflict of interest, because according to Hernandes, counsel was referred to him by a co-defendant and the co-defendant paid a portion of the cost of retaining counsel. The district court found that Hernandes had failed to show a conflict of interest and thus denied the § 2255 motion. After the district court denied Hernandes a certificate of appealability, he filed a motion for relief from judgment under Rule 60(b)(6) of the Federal Rules of Civil Procedure. The motion consisted entirely of his recapitulated third-party beneficiary conflict of interest argument. The district court denied the motion, finding inter alia that Hernandes’s allegations were insufficient to raise a fact issue warranting a hearing. Hernandes filed a notice of appeal, and the district court again denied him a COA.

This Court granted a COA, in relevant part on the issue of whether Hernandes’s Rule 60(b) motion presents a successive habeas petition within the meaning of Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005). We conclude that it does, and thus the district court was not permitted to consider the motion. Accordingly, we DISMISS this appeal.

Rule 60(b) provides that the district court “may relieve a party or its legal representative from a final judgment, order, or proceeding for” any one of certain enumerated grounds, including “any other reason that justifies relief.” Fed.R.Civ.P. 60(b)(6). However, where a Rule 60(b) motion advances one or more substantive claims, as opposed to a merely procedural claim, the motion should be construed as a successive § 2255 motion. Gonzalez, 545 U.S. at 532 & n. 4, 125 S.Ct. 2641 (involving § 2254 petition); see United States v. Williams, 274 Fed.Appx. 346, 347 (5th Cir.2008) (applying Gonzalez to § 2255 motions). A defendant is generally permitted only one motion under § 2255 and may not file successive motions without first obtaining this Court’s authorization. 28 U.S.C. § 2255(h); see United States v. Key, 205 F.3d 773, 774 (5th Cir.2000). Therefore, if Hernandes’s Rule 60(b)(6) motion is to be construed as a successive § 2255 motion, the district court would have no jurisdiction to consider it.

In Gonzalez, the Supreme Court distinguished between those Rule 60(b) motions that “advance[ ] one or more ‘claims’ ” from Rule 60(b) motions that “attack[ ], not the substance of the federal court’s resolution of a claim on thé merits, but some defect in the integrity of the federal habeas proceedings.” 545 U.S. at 532, 125 S.Ct. at 2648. The former should be construed as successive habeas petitions, whereas the latter are bona fide Rule 60(b) motions. Id. Among the express types of motions that fit into the former category, the Supreme Court included motions that “attack[ ] the federal court’s previous resolution of a claim on the merits.” Id. 1

Here, Hernandes’s Rule 60(b) motion clearly went to the merits of his habeas claim and thus should be construed as a successive habeas petition. Hernandes’s motion consisted entirely of the third-party beneficiary conflict of interest argument that he resurrected from his original § 2255 motion, which is not a procedural argument but rather a substantive argu[*682] ment. Relatedly, the district court’s finding that there was no conflict of interest, which precipitated the Rule 60(b) motion, was the result of a merits determination; it was not the result, for instance, of a procedural technicality that precluded a merits determination. [2] See In re Lindsey, 582 F.3d 1173, 1175 (10th Cir.2009) (holding that Rule 60(b) motion was a successive habeas petition because the motion “did not preclude a merits determination on [the defendant’s] § 2255 motion; it was the result of a merits determination”). Hernandes’s “Rule 60(b) motion is, in fact, a § 2255 motion in disguise,” Washington, 653 F.3d at 1065, because it is precisely the sort of prohibited motion that “attacks the federal court’s previous resolution of a claim on the merits.” Gonzalez, 545 U.S. at 532, 125 S.Ct. at 2648. Accordingly, Hernandes’s Rule 60(b) motion should be construed as an unauthorized habeas petition within the meaning of Gonzalez, and the district court is therefore prohibited from considering the motion.

APPEAL DISMISSED.

1

. Notably, Gonzalez does not posit a bright-line principle that a Rule 60(b)(6) motion is always, or never, a successive habeas petition. See 545 U.S. at 530-32, 125 S.Ct. at 2646-48; see also United States v. Washington, 653 F.3d 1057, 1060 (9th Cir.2011), cert. denied, - U.S. -, 132 S.Ct. 1609, 182 L.Ed.2d 214 (2012) ("[T]he Supreme Court has not adopted a bright-line rule for distinguishing between a bona fide Rule 60(b) motion and a disguised second or successive § 2255 motion!.]”). Therefore, we do not establish such a bright-line principle, but instead only analyze this particular Rule 60(b) motion.

2

. In particular, the district court found that "Hemandes'[s] § 2255 claims are without legal merit, are refuted by the record, or are conclusory; therefore he is not entitled to § 2255 relief or a hearing.”