Opinion
CR 119-117
05-05-2023
UNITED STATES OF AMERICA v. JAMES RICHARD MILTON
ORDER
J.. RANDAL HALL, CHIEF JUDGE UNITED STATES DISTRICT COURT
Presently before the Court is Defendant's motion to dismiss this criminal case for lack of jurisdiction, complaining that the Government failed to return the indictment in open court. The Government opposes the motion on the merits and moves to dismiss Defendant's motion based upon the fact that this Court no longer has jurisdiction to address matters concerning the indictment since Judgment was entered on June 10, 2021. Upon due consideration, the Government's motion to dismiss (doc. 112) is GRANTED for the reasons stated therein. Accordingly, the Clerk is directed to TERMINATE Defendant's motion to dismiss (doc. Ill).
Defendant also asserts a claim of ineffective assistance of counsel. An ineffectiveness claim must be raised in a timely filed motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 .
ORDER ENTERED.