Opinion
Case No. 01-80113.
September 7, 2010
ORDER
This matter is before the Court on Defendant's request to dismiss the indictment [dkt 70] and request to proceed in forma pauperis [dkt 71]. These documents were filed over five-and-a-half years after the Court of Appeals affirmed Defendant's sentence.
Defendant's request asks that the Court dismiss the indictment because it lacks subject-matter jurisdiction over Defendant. Namely, Defendant argues that the indictment fails to charge Defendant with an offense against the United States.
However, Defendant pleaded guilty to felon in possession of a firearm in violation of 18 U.S.C. § 922(g). That is a federal crime and an offense against the United States. Defendant's remaining claims regarding the form and substance of the indictment are frivolous and are otherwise waived by Defendant's plea agreement. See Tollett v. Henderson, 411 U.S. 258 (1973).
Accordingly, Defendant's request to dismiss [dkt 70] and request to proceed in forma pauperis [dkt 71] are DENIED.
IT IS SO ORDERED.
Dated: September 7, 2010