US v. Akiba Matthews, No. 12-6113 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6113 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AKIBA MATTHEWS, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:07-cr-00581-CCB-1) Submitted: May 18, 2012 Decided: May 23, 2012 Before KING, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Akiba Matthews, Appellant Pro Se. Assistant United States Attorney, Appellee. Michael Clayton Hanlon, Baltimore, Maryland, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Akiba order denying Matthews his appeals motion to the dismiss district the court s margin indictment. Rule 12(b)(3)(B) of the Federal Rules of Criminal Procedure provides that a motion alleging a defect in the indictment must be raised before trial and that a claim that the indictment fails to state an offense may be raised while the case is pending. Because Matthews has been convicted and his conviction has been affirmed on appeal, his case is no longer pending. 12(b) is not available to him. of the district court. Accordingly, Rule We therefore affirm the judgment 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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