Opinion
No. 09-16239 Non-Argument Calendar.
August 18, 2010.
Anthony L. Jerdine, Youngstown, OH, pro se.
Anne R. Schultz, U.S. Attorney's Office, Miami, FL, for Respondent-Appellee.
Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 09-23046-CV-ASG.
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
Lewis Jerdine, a felon on supervised release, appeals pro se the denial of his motion to dismiss his information. Fed.R.Crim.P. 12(b)(3)(B). The district court construed Jerdine's pleading as a motion to vacate, 28 U.S.C. § 2255, and dismissed the motion without prejudice at Jerdine's request. Jerdine challenges the refusal of the district court to treat his filing as a petition for a writ of error coram nobis, but we rejected Jerdine's argument about that writ in a previous appeal. United States v. Jerdine, 379 Fed.Appx. 963 (11th Cir. 2010). The district court did not abuse its discretion by dismissing Jerdine's motion without prejudice.
We AFFIRM the dismissal of Jerdine's motion.