United States v. Andre Twitty

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 25-13433

Non-Argument Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

ANDRE J. TWITTY, Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 2:24-cr-00005-LGW-BWC-1

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Before ROSENBAUM, NEWSOM, and LUCK, Circuit Judges. PER CURIAM:

Andre Twitty, a criminal defendant proceeding pro se, appeals from the district court’s September 18, 2025 order denying his

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2 Opinion of the Court 25-13433

motion to dismiss the count in his indictment brought under 18 U.S.C. § 115(a)(1)(B).

We lack jurisdiction over Twitty’s appeal because the district court’s denial is not final or otherwise appealable. First, the denial is not final because Twitty has not been sentenced on any count and, thus, there is not a final judgment. See 28 U.S.C. § 1291; Flanagan v. United States, 465 U.S. 259, 263-64 (1984) (explaining that appellate review is generally prohibited in a criminal case until the defendant has been convicted and sentenced). Second, the order is not appealable under the collateral order doctrine, as Twitty may effectively challenge the order on appeal from a final judgment. See United States v. Shalhoub, 855 F.3d 1255, 1260 (11th Cir. 2017); Richardson -Merrell, Inc. v. Koller, 472 U.S. 424, 430-31 (1985) (explaining that the doctrine applies to district court orders “affecting rights that will be irretrievably lost in the absence of an immediate appeal ”).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot.