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U.S. v. DIVEROLI

No. 13-10248 Non-Argument Calendar.

729 F.3d 1339 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Efraim DIVEROLI, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 10, 2013.

Attorney(s) appearing for the Case

Peggy Morris Ronca , Emmett Jackson Boggs , J. Bishop Ravenel , U.S. Attorney's Office, Orlando, FL, Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee.

Matthew Joseph Troccoli , Law Offices of Matthew Troccoli, PA, Miami, FL, for Defendant-Appellant.

Before CARNES, Chief Judge, BARKETT and MARTIN, Circuit Judges.

MARTIN, Circuit Judge:

At issue in this appeal is whether a district court has jurisdiction to entertain a motion to dismiss the charging document in a criminal case under Federal Rule of Criminal Procedure 12(b)(3)(B) while the defendant's direct appeal is pending. We hold district courts lack jurisdiction to decide a Rule 12(b)(3)(B) motion under these circumstances. Therefore, we vacate the district court's merits decision and remand with instructions to dismiss...

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