IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10096
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHELBY LEE DANIELS,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:92-CR-29-ALL-H
_________________________________________
October 15, 2001
Before POLITZ, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Shelby Lee Daniels, federal prisoner #22481-077, appeals the trial court’s
denial of his Fed. R. Crim. P. 12(b)(2) motion to dismiss the indictment. This
motion was filed after Daniels had noticed his appeal from the judgment of
conviction. Daniels’ timely notice of appeal divested the district court of
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
jurisdiction to address the Fed. R. Crim. P. 12(b)(2) motion.1 Accordingly, the
district court’s rejection of the motion to dismiss the indictment is AFFIRMED.
1
United States v. Hitchmon, 602 F.2d 689 (5th Cir. 1979)(en banc).
2