UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7636
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCOS GONZALEZ-DELGADO,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (1:04-cr-00084-LHT-DLH-1)
Submitted: December 16, 2008 Decided: December 24, 2008
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marcos Gonzalez-Delgado, Appellant Pro Se. Jill Westmoreland
Rose, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marcos Gonzalez-Delgado appeals the district court’s
order denying his motion to dismiss his indictment, filed
pursuant to Fed. R. Crim. P. 12(b)(2). * We have reviewed the
record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. See United States v.
Gonzalez-Delgado, No. 1:04-cr-00084-LHT-DLH-1 (W.D.N.C. July 18,
2008). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED
*
As the district court noted, Gonzalez-Delgado 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.
2