Jimenez-Alvarado

MEMORANDUM ***

Crispin Jimenez-Alvarado appeals from a judgment of conviction entered in the United States District Court for the Southern District of California, convicting him, upon a jury verdict, of one count of being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We affirm.

*480 (1)

The defendant argues that the eighteen-month term of the grand jury which indicted him was improperly extended by the district court. Because this argument was one that the defendant was required to raise before trial, Fed. R. Crim.P. 12(b)(3)(B), and because he has failed to make the requisite showing of cause and prejudice to overcome his procedural defaults, the argument is deemed waived. Fed.R.Crim.P. 12(e); Davis v. United States, 411 U.S. 233, 243-44 , 93 S. Ct. 1577 , 36 L.Ed.2d 216 (1973). Contrary to the defendant’s argument, the defect he alleges does not come within the exception to Fed.R.Crim.P. 12(b)(3)(B) for claims based on the failure of the indictment “to invoke the court’s jurisdiction.” “Although Rule 12 does not say so, it seems clear that the ‘court’s jurisdiction’ ... means subject matter jurisdiction.” 1A Charles Alan Wright &…