United States v. Decator

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7873

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KITTRELL BERNARD DECATOR; CRAIG LAMONT SCOTT,

Defendants - Appellants.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CR-94-281-K, CR-95-202-K)

Submitted: March 17, 1998 Decided: March 30, 1998

Before WIDENER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kittrell Bernard Decator, Craig Lamont Scott, Appellants Pro Se. James G. Warwick, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Kittrell B. Decator and Craig L. Scott appeal from the dis-

trict court's order denying their motion filed pursuant to Fed. R.

Civ. P. 12(b)(1), to dismiss their convictions and sentences for

bank robbery, 18 U.S.C.A. § 2113(a) (West Supp. 1997). Appellants

contend that the district court did not have subject matter juris- diction over their charges. Because their claims are frivolous, we

affirm the district court's dismissal of their motion. We also deny

their motion to place this case in abeyance. We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED