Johnson v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6594

ALLEN RAY JOHNSON,

Defendant - Appellant,

versus

UNITED STATES OF AMERICA,

Plaintiff - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-01-167)

Submitted: June 9, 2004 Decided: June 18, 2004

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Allen Ray Johnson, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Allen Ray Johnson appeals from the district court’s order

denying his motion for release on bond. We may exercise

jurisdiction only over final orders, see 28 U.S.C. § 1291 (2000),

and certain interlocutory and collateral orders. See 28 U.S.C.

§ 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The district court’s denial of

bond falls within the collateral order doctrine and is immediately

appealable. See Pagan v. United States, 353 F.3d 1343, 1345-46

(11th Cir. 2003) (collecting cases adopting rule). We have

reviewed the record on appeal and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See United States v. Johnson, No. CR-01-167 (E.D.N.C.

Mar. 8, 2004). 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

- 2 -