United States v. Rene Dumas

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rene DUMAS, Defendant-Appellant. No. 91-50723. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 5, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Dumas appeals pro se the district court's denial of his motion under Federal Rule of Criminal Procedure 12(b)(2) to dismiss his information. The information charged him with conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 and 846. Dumas pleaded guilty to the charges and was sentenced in December 1990. He did not file his Rule 12(b)(2) motion to dismiss until nine months later. Sixteen days after the district court denied this motion, Dumas filed a notice of appeal. 3 We must first determine whether the district court had jurisdiction to hear Dumas's motion and whether we have…