IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50370
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO ALBERTO CIRIZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CR-1066-2-DB
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December 23, 2002
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Mario Alberto Ciriza, federal prisoner # 48308-080, appeals
the district court’s denial of his motion for arrest of judgment
and dismissal of the indictment pursuant to FED. R. CRIM.
P. 12(b)(2) and FED. R. CRIM. P. 34, relating to his 2000
conviction for various drug offenses. He contends that because
the indictment did not allege a specific drug quantity, the
district court lacked jurisdiction over the case.
*
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that this opinion should not be published and is not precedent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. 02-50370
-2-
A defect in an indictment does not deprive the district
court of jurisdiction over the criminal proceeding. United
States v. Cotton, 122 S. Ct. 1781, 1784-85 (2002). Therefore,
Ciriza’s challenge had to be raised before he entered his guilty
plea. See FED. R. CRIM. P. 12(b)(2). Because he did not file his
motion within seven days of pleading guilty, Ciriza’s motion for
arrest of judgment under FED. R. CRIM. P. 34 is untimely. The
judgment of the district court is AFFIRMED.