United States v. Diveroli, No. 13-10248 (11th Cir. 2013)Annotate this Case
Defendant pleaded guilty to possessing a firearm as a convicted felon. At issue was whether a district court had jurisdiction to entertain a motion to dismiss the charging document in a criminal case under Federal Rule of Criminal Procedure 12(b)(3)(B) while defendant's direct appeal was pending. Because defendant's conviction and sentence were already on direct appeal when he filed his Rule 12(b)(3)(B) motion to dismiss the Information for failure to state an offense, the court concluded that the district court lacked jurisdiction to entertain it. Accordingly, the court vacated and remanded with instructions to dismiss the motion for lack of jurisdiction.