United States v. David Marrero

David Marrero appeals the denial of his pro se motion to dismiss his indictment for health care fraud, conspiracy to commit money laundering, and money laundering. See Fed.R. Crim.P. 12(b)(3)(B). Marrero moved to dismiss his indictment more than two years after his conviction became final on direct appeal. He argued that his indictment was void ab initio because the offenses charged were not within the power of Congress to regulate under the Commerce Clause. The district court denied Marrero’s motion. Because Marrero failed to file his motion while his case was pending, see id., we vacate the…