United States of America, Plaintiff-appellee, v. Raymond Francis Bayerle, Defendant-appellant, 993 F.2d 1539 (4th Cir. 1993)
Annotate this CaseAppeal from the United States District Court for the District of Maryland, at Baltimore. John R. Hargrove, District Judge. (CR-89-336-HAR, CA-92-1577-HAR)
Raymond Francis Bayerle, Appellant Pro Se.
Gregory Welsh, Assistant United States Attorney, Baltimore, Maryland, for Appellee.
D. Md.
AFFIRMED.
Before RUSSELL and HALL, Circuit Judges, and SPROUSE, Senior Circuit Judge.
PER CURIAM:
OPINION
Raymond Francis Bayerle, a federal prisoner, filed a 28 U.S.C. § 2255 (1988) motion attacking the sufficiency of his indictment. Because Bayerle pled guilty to one count each of violating 21 U.S.C.A. §§ 841, 846 (West 1981 & Supp. 1993), he is foreclosed from attacking any antecedent non-jurisdictional error. Tollett v. Henderson, 411 U.S. 258, 266-67 (1973). See also United States v. Roberts, 296 F.2d 198, 200-201 (4th Cir. 1961), cert. denied, 369 U.S. 867 (1962) (claimant foreclosed from raising challenge to sufficiency of indictment for first time in § 2255 motion). Therefore, we affirm the district court's order dismissing Bayerle's motion. 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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