Opinion
No. 07-3028.
April 25, 2008.
BEFORE: Henderson, Rogers, and Tatel, Circuit Judges.
ORDER
Upon consideration of the order to show cause filed December 28, 2007, the response thereto, and the motion for appeal bond, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the judgment of the district court be affirmed. Assuming for purposes of decision that the doctrine announced inHazel-Atlas Glass Co. v. Hartford Empire Co., 322 U.S. 238 (1944), applies to judgments in criminal cases, appellant has not identified any fraud on the court that would justify relief under that doctrine. Furthermore, the district court did not abuse its discretion in denying a hearing on appellant's motion. Cf. United States v. Toms, 396 F.3d 427, 437 (D.C. Cir. 2005) (discussing district court's discretion with respect to question whether to hold hearing on § 2255 application). It is
FURTHER ORDERED that the motion for appeal bond be dismissed as moot.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.