United States of America v. Gilberto Hernandez-Chavez

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6317
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GILBERTO HERNANDEZ-CHAVEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Louise W. Flanagan,
District Judge. (5:08-cr-00283-FL-2)
Submitted: April 17, 2014 Decided: April 22, 2014
Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gilberto Hernandez-Chavez, Appellant Pro Se. Felice McConnell
Corpening, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
In 2008 and 2009, Gilberto Hernandez-Chavez was
convicted of drug and firearm offenses and sentenced to a total
of 120 months’ imprisonment. He did not appeal. Years later,
he moved in the district court to dismiss the indictment
underlying these convictions for lack of jurisdiction. The
district court summarily denied the motion, and Hernandez-Chavez
appeals. Upon review, we affirm this decision of the district
court. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED

-- 2 of 2 --