United States v. Daniels

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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