712 Fed.Appx. 719 (10th Cir. 2017), 17-2052, United States v. Melot
|Citation:||712 Fed.Appx. 719|
|Opinion Judge:||Nancy L. Moritz, Circuit Judge|
|Party Name:||UNITED STATES of America, Plaintiff-Appellee, v. Bill MELOT, a/k/a Billy R. Melot; Katherine L. Melot, Defendants-Appellants.|
|Attorney:||Manuel Paul Lena, Erbert W. Linder, Ed M. Silversmith, United States Department of Justice, Dallas, TX, for Plaintiff-Appellee. Billy R. Melot, Hobbs, NM, pro se. Katherine L. Melot, NM, pro se.|
|Judge Panel:||Before LUCERO, BALDOCK, and MORITZ, Circuit Judges.|
|Case Date:||October 10, 2017|
|Court:||United States Courts of Appeals, Court of Appeals for the Tenth Circuit|
UNPUBLISHED OPINION (See Fed. Rule of Appellate Procedure 32.1. See also U.S.Ct. of App. 10th Cir. Rule 32.1.)
D.C. No. 2:09-CV-00752-JCH-WPL, D. New Mexico
Manuel Paul Lena, Erbert W. Linder, Ed M. Silversmith, United States Department of Justice, Dallas, TX, for Plaintiff-Appellee.
Billy R. Melot, Hobbs, NM, pro se.
Katherine L. Melot, NM, pro se.
Before LUCERO, BALDOCK, and MORITZ, Circuit Judges.
ORDER AND JUDGMENT[*]
Nancy L. Moritz, Circuit Judge
Proceeding pro se,1 Billy and Katherine Melot appeal the district courts order denying their motion for relief from judgment. The Melots also request leave to proceed in forma pauperis (IFP) on appeal. We grant their motions to proceed IFP, but we affirm the district courts denial of their motion for relief from judgment.
Together, the Melots owe the federal government over $20 million in unpaid federal income and excise tax, and Billy is currently serving a 14-year prison sentence for tax evasion. In July 2014, with authorization from the district court, the government foreclosed on the Melots real property and equipment, sold it for $1.125 million, and applied the proceeds to the Melots tax debt. This appeal arises from the latest installment in the "ongoing saga of litigation" related to the Melots unpaid taxes from 1987 through 1993. R. vol. 1, 122; see, e.g.,
United States v. Melot, 606 Fed.Appx. 930 (10th Cir. 2015) (unpublished) (affirming order confirming sale of foreclosed property); United States v. Melot, 562 Fed.Appx. 646 (10th Cir. 2014) (unpublished) (affirming order reducing tax debt to money judgment); United States v. Melot, 732 F.3d 1234 (10th Cir. 2013) (affirming Billys convictions and remanding for resentencing).
A year and a half after the foreclosure and sale, the Melots filed a motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(5) and (6), asking the district court to set aside the governments money judgment against them because enforcing it was no longer equitable. After the government responded, the magistrate judge made proposed findings and recommended denying the motion. Despite the Melots objections to the proposed findings and recommendation, the district court agreed with the magistrate judge and denied the motion. The Melots appeal.
To continue readingFREE SIGN UP