United States v. Tran

* 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that this opinion should not be published and is not precedent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. 01-20432
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NHAN KIEM TRAN, also known as Tony Tran,
also known as Larry Tran, also known as Tony,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-89-CR-135-2
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April 1, 2002
Before DAVIS, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
Nham Khiem Tran (“Tran”), federal prisoner # 48684-079,
appeals the dismissal of his post-conviction motion to dismiss
the indictment against him filed pursuant to FED. R. CRIM. P.
12(b)(2). Rule 12(b)(2) motions to dismiss an indictment must be
made before trial or they are waived. United States v. Cathey,
591 F.2d 268, 271 n.1 (5th Cir. 1979). Because the criminal
proceedings were no longer pending, Tran’s motion to dismiss the
indictment was unauthorized and without a jurisdictional basis.

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No. 01-20432
-2-
See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).
The judgment of the district court is AFFIRMED.

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