United States v. Torne ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20522
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS M. TORNE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CR-97-ALL
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Jesus M. Torne, federal prisoner #76034-079, appeals the
denial of his motion to dismiss the indictment against him for
delay, pursuant to FED. R. CRIM. P. 48(b). When Torne pleaded
guilty, he waived all nonjurisdictional defects, including the
right to object under FED. R. CRIM. P. 48(b) or the Sixth
Amendment for any delay in bringing charges to the grand jury.
See United States v. Grayson, 416 F.2d 1073, 1077 (5th Cir.
1969). The judgment of the district court is AFFIRMED.
*
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that this opinion should not be published and is not precedent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.