Anthony Jerdine v. USA

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 18, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-16239
Non-Argument Calendar
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D. C. Docket No. 09-23046-CV-ASG
ANTHONY JERDINE,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 18, 2010)
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Lewis Jerdine, a felon on supervised release, appeals pro se the denial of his

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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, No. 09-15974 (11th Cir. May 24, 2010). The district
court did not abuse its discretion by dismissing Jerdine’s motion without prejudice.
We AFFIRM the dismissal of Jerdine’s motion.
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