Summary
following entry of final judgment, if no direct appeal is filed a case is no longer pending and Rule 12(b)(B) cannot be invoked to challenge jurisdiction
Summary of this case from U.S. v. LebronOpinion
CASE NO. 1:98-CR-66.
April 8, 2010
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred this matter to the United States Magistrate Judge Keith F. Giblin for consideration of the defendant's motions to dismiss the indictment in this case. Judge Giblin issued findings of fact and a report and recommendation on the motions. The magistrate judge recommended that the Court deny the defendant's motions to dismiss.
The parties have not objected to the magistrate judge's findings. The Court accepts the findings in the report and recommendation. The Court ORDERS that Judge Giblin's report (#30) is adopted. The Court further ORDERS that the defendant's motions to dismiss the indictment (#27, #29) are DENIED.