United States v. Daniels ( 2001 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-11184
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    SHELBY LEE DANIELS,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:99-CR-98-1-T
    --------------------
    April 10, 2001
    Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
    PER CURIAM:*
    Shelby Lee Daniels, federal prisoner #22481-077, appeals the
    district court’s denial of his Fed. R. Crim. P. 12(b)(2) motion
    to dismiss the indictment, which was filed after Daniels had
    noticed his appeal from his judgment of conviction.    Daniels’
    timely notice of appeal from his judgment of conviction divested
    the district court of jurisdiction to address the Fed. R. Crim.
    P. 12(b)(2) motion.   See United States v. Hitchmon, 
    602 F.2d 689
    ,
    692 (5th Cir. 1979)(en banc).   Accordingly, we AFFIRM the
    district court’s denial of the motion to dismiss the indictment
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 00-11184
    -2-
    on the ground that the district court was without jurisdiction to
    consider the motion.
    AFFIRMED.
    

Document Info

Docket Number: 00-11184

Filed Date: 4/10/2001

Precedential Status: Non-Precedential

Modified Date: 12/21/2014