United States v. Ortiz-Diaz

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41148
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNARDO ORTIZ-DIAZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-884-1
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August 1, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Bernardo Ortiz-Diaz (“Diaz”), federal prisoner #90214-079,
appeals the district court’s dismissal of his Rule 12(b)(2)
motion challenging the validity of the indictment in his
conviction for transporting an undocumented alien within the
United States. Diaz argues that his conviction is
unconstitutional because the indictment failed to allege the
exact number of aliens attributed to him.
Diaz does not address the district court’s reasons for
dismissing his motion, namely that his motion was improper and

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No. 00-41148
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that the proper avenue of relief was for Diaz to request
permission from this court to file a successive 28 U.S.C. § 2255
motion. Therefore, Diaz has abandoned the only issue before this
court. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813
F.2d 744, 748 (5th Cir. 1987). The district court’s denial of
Diaz’ motion is affirmed.
AFFIRMED.

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