United States v. Dahlstrom
United States v. Dahlstrom
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-20571 Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KARL L. DAHLSTROM,
Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-3108 H-96-CR-157-1 -------------------- November 23, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Karl L. Dahlstrom, federal prisoner # 12894-054, appeals the
district court’s dismissal of his motions invoking Fed. R. Crim.
P. 12(b)(2), which were filed after his conviction was affirmed
on appeal and after the denial of certiorari. Because the
criminal proceedings were no longer pending, these motions appear
unauthorized and without a jurisdictional basis. See United
States v. Early,
27 F.3d 140, 142(5th Cir. 1994).
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-20571 -2-
Even assuming that these motions were validly filed, a
review of the indictment reflects that it was sufficient because
it alleged all the material elements of the offenses and provided
Dahlstrom with adequate notice of the charges being made against
him. See United States v. Berrios-Centeno,
250 F.3d 294, 297(5th Cir.), cert. denied, 70 U.S.L.W. (U.S. Oct. 1, 2001) (No.
01-5535),
2001 WL 914944.
Accordingly, the appeal is DISMISSED as frivolous. See 5th
Cir. R. 42.2. All outstanding motions are DENIED as MOOT.
APPEAL DISMISSED. ALL OUTSTANDING MOTIONS DENIED AS MOOT.
Reference
- Status
- Unpublished