IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41148 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BERNARDO ORTIZ-DIAZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-99-CR-884-1 -------------------- August 1, 2001 Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

PER CURIAM:* Bernardo Ortiz-Diaz (“Diaz”), federal prisoner #90214-079, appeals the district court’s dismissal of his Rule 12(b)(2) motion challenging the validity of the indictment in his conviction for transporting an undocumented alien within the United States. Diaz argues that his conviction is unconstitutional because the indictment failed to allege the exact number of aliens attributed to him.

Diaz does not address the district court’s reasons for dismissing his motion, namely that his motion was improper and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-41148 -2- that the proper avenue of relief was for Diaz to request permission from this court to file a successive 28 U.S.C. § 2255 motion. Therefore, Diaz has abandoned the only issue before this court. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The district court’s denial of Diaz’ motion is affirmed.

AFFIRMED.