UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6113
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AKIBA MATTHEWS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:07-cr-00581-CCB-1)
Submitted: May 18, 2012 Decided: May 23, 2012
Before KING, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Akiba Matthews, Appellant Pro Se. Michael Clayton Hanlon,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Akiba Matthews appeals the district court’s margin
order denying his motion to dismiss the indictment. Rule
12(b)(3)(B) of the Federal Rules of Criminal Procedure provides
that a motion alleging a defect in the indictment must be raised
before trial and that a claim that the indictment fails to state
an offense may be raised while the case is pending. Because
Matthews has been convicted and his conviction has been affirmed
on appeal, his case is no longer pending. Accordingly, Rule
12(b) is not available to him. We therefore affirm the judgment
of the district court. 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
2