United States of America v. Wolff, 241 F.3d 1055, 1056-57 8th Cir. 2001

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6400
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REGINALD DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Harrisonburg. James H. Michael, Jr., Senior
District Judge. (CR-93-25)
Submitted: June 21, 2001 Decided: June 29, 2001
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Reginald Davis, Appellant Pro Se. Thomas Jack Bondurant, Jr.,
Assistant United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* We note that defendants may not bring Rule 12(b)(2) notices
once their convictions have become final, as at that point their
proceedings are no longer pending. See United States v. Wolff, 241
F.3d 1055, 1056-57 (8th Cir. 2001); Stamper v. Baskerville, 724
F.2d 1106 (4th Cir. 1984).
2
PER CURIAM:
Reginald Davis appeals the district court’s order dismissing
his motion challenging the sufficiency of his indictment under Fed.
R. Crim. P. 12(b)(2). We have reviewed the record and the district
court’s opinion and find no reversible error. Accordingly, we
affirm substantially on the reasoning of the district court. * See
United States v. Davis, No. CR-93-25 (W.D. Va. Feb. 23, 2001). 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

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