USA v. Steven Anthony

Filing

Opinion issued by court as to Appellant Steven Allen Anthony. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 14-12226

Date Filed: 01/16/2015

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-12226
Non-Argument Calendar
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D.C. Docket No. 1:04-cr-20645-CMA-1

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEVEN ALLEN ANTHONY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(January 16, 2015)
Before ED CARNES, Chief Judge, JORDAN and ANDERSON, Circuit Judges.
PER CURIAM:
Steven Anthony appeals the district court’s denial of his motion under
Federal Rule of Criminal Procedure 12(b)(3)(B) to vacate his 2004 indictment for

Case: 14-12226

Date Filed: 01/16/2015

Page: 2 of 2

being a felon in possession of a firearm. Rule 12(b)(3)(B) provides that the court
may, “at any time while the case is pending . . . hear a claim that the indictment . . .
fails to . . . state an offense.” In 2005, Anthony appealed and we affirmed his
conviction. United States v. Anthony, 160 F. App’x 906 (11th Cir. 2005)
(unpublished). Our mandate issued on February 22, 2006. At that point, his case
was no longer pending. See United States v. Elso, 571 F.3d 1163, 1166 (11th Cir.
2009) (holding that the defendant’s case “ended, and was no longer pending . . .
when the mandate issued” and that “[t]he mandate [wa]s effective when issued.”).
The district court therefore lacked authority to hear Anthony’s motion. See id.
(affirming district court’s denial of 12(b)(3)(B) motion because it “lacked authority
to hear” such a motion when the case was no longer pending).
AFFIRMED.

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