USA v. Fleming et al
Criminal

District of Nebraska, ned-8:2005-cr-00097-34338

MEMORANDUM AND ORDER - The Defendant's motion to dismiss for lack of jurisdiction {{80}} is denied. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address, as to Joseph J. Fleming (1). Ordered by Judge Laurie Smith Camp. (Copy mailed to defendant at 19956-047, FCI-FLORENCE, P.O. Box 5000, Florence CO 81226)

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8:05-cr-00097-LSC-FG3 Doc # 81 Filed: 11/14/07 Page 1 of 1 - Page ID # 291 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:05CR97) Plaintiff,)) MEMORANDUM vs.) AND ORDER) JOSEPH J. FLEMING,)) Defendant.) This matter is before the Court on the Defendant's motion to dismiss for lack of jurisdiction (Filing No. 80). On October 3, 2005, the Defendant was sentenced after pleading guilty to an Information charging him with possession with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. (Filing No. 68.) Federal Rule of Criminal Procedure 12(b)(3)(B) provides that a motion arguing lack of jurisdiction must be made while a case is pending. Because this case is no longer pending, the motion is denied without further discussion. IT IS ORDERED: 1. The Defendant's motion to dismiss for lack of jurisdiction (Filing No. 80) is denied; and 2. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. DATED this 14th day of November, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge