United States v. Efraim Diveroli

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 for want of jurisdiction.

I

Efraim Diveroli was charged by Information 1 with possessing a firearm as a convicted felon, in…