United States v. McKelver
Opinion of the Court
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Ezell McKelver pled guilty to two counts of felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(e) (2006). He was sentenced to 180 months’ imprisonment. He now appeals the district court’s margin order denying his subsequently filed motion to dismiss the indictment as defective under Fed.R.Crim.P. 12(b)(2).
AFFIRMED.
McKelver likely intended to bring this motion under Fed.R.Crim.P. 12(b)(3)(B). However, as relief is unavailable to him under either subsection of Rule 12, we find this to be of no consequence.
Reference
- Full Case Name
- United States v. Ezell McKELVER
- Status
- Published