UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7164
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EZELL MCKELVER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (5:03-cr-00262-PMD-1)
Submitted: December 17, 2009 Decided: December 28, 2009
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ezell McKelver, Appellant Pro Se. Leesa Washington, Assistant
United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
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). * We have reviewed the record
and find no reversible error. Accordingly, we affirm. United
States v. McKelver, No. 5:03-cr-00262-PMD-1 (D.S.C. May 26,
2009). 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
*
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.
2