US v. Sherman Little, No. 11-7050 (4th Cir. 2011)
Annotate this CaseCourt Description: Unpublished opinion after submission on briefs: Affirmed
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7050 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHERMAN LITTLE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:07-cr-00008-HCM-FBS-1) Submitted: November 17, 2011 Decided: November 23, 2011 Before KING, DAVIS, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Sherman Little, Appellant Pro Se. Assistant United States Attorney, Appellee. Laura Marie Everhart, Norfolk, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sherman Little appeals the district court s order denying his motion to dismiss the indictment underlying his 2007 federal convictions. indictment Little deprived the claimed district convict and sentence him. that court a of defect in his jurisdiction to The district court denied Little s motion, and we affirm. A court of defective jurisdiction indictment in a will criminal not deprive case, a United district States v. Cotton, 535 U.S. 625, 629-31 (2002), and Little s valid guilty plea waived all prior non-jurisdictional defects. v. Henderson, 411 U.S. 258, 267 (1973); United Moussaoui, 591 F.3d 263, 279 (4th Cir. 2010). conclude that the district court See Tollett correctly States v. Therefore, we denied Little s motion. Accordingly, we affirm. 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 2
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