With no explanation, chose the best option from "A", "B", "C" or "D". of 38 for 150 kilograms or more of cocaine. U.S.S.G. App. C, amend. 505 (Nov. 1, 1994). 3 . "When the court issues an order on any post-arraignment motion, the clerk must provide notice in a manner provided for in a civil action. Except as Federal Rule of Appellate Procedure 4(b) provides otherwise, the clerk’s failure to give notice does not affect the time to appeal, or relieve — or authorize the court to relieve — a party’s failure to appeal within the allowed time.” 4 . It is noted that Arrate-Rodriguez is also not entitled to any relief under Federal Rule of Civil Procedure 60(b), which can be used in certain civil cases to set aside a judgment, but not in a criminal proceeding, such as the one in the instant case. See United States v. Fair, 326 F.3d 1317, 1317 (11th Cir.2003) (<HOLDING>). 5 . Accordingly, Arrate-Rodriguez's motion to

A: holding that rule 60b cannot provide any relief from the district courts judgment on an 18 usc  3582 motion because  3582 actions are criminal in nature and rule 60b is applicable only to civil proceedings
B: holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc  3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp
C: holding attorneys failure to object does not warrant rule 60b relief
D: holding that rule 60b bars sua sponte relief
A.