United States v. Julius Calhoun

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 7, 2023
• Docket: 23-10773
• Status: Unpublished

Opinion

USCA11 Case: 23-10773 Document: 18-1 Date Filed: 06/07/2023 Page: 1 of 4

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10773 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JULIUS CALHOUN,

Defendant-Appellant.

Appeals from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:22-cr-00167-ECM-SMD-4 ____________________ USCA11 Case: 23-10773 Document: 18-1 Date Filed: 06/07/2023 Page: 2 of 4

2 Opinion of the Court 23-10773

No. 23-10897 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JULIUS CALHOUN,

Appeals from the United States District Court for the Middle District of Alabama D.C. Docket No. 2:22-cr-00167-ECM-SMD-4 ____________________

Before JILL PRYOR, GRANT, and LAGOA, Circuit Judges. PER CURIAM: Upon our review of the record and the response to the juris- dictional questions, we DISMISS both of these appeals for lack of jurisdiction. First, as Appellant acknowledges, a notice of appeal USCA11 Case: 23-10773 Document: 18-1 Date Filed: 06/07/2023 Page: 3 of 4

23-10773 Opinion of the Court 3

must designate already existing orders, and we do not have juris- diction to review future court orders. See Bogle v. Orange Cnty. Bd. of Cnty. Comm’rs, 162 F.3d 653, 661 (11th Cir. 1998). Appellant’s ap- peal of an anticipated ruling on his motion to dismiss the indict- ment is thus not proper. Second, the district court’s March 1, 2023 order granting the government’s motion to continue trial is not immediately appeala- ble under the collateral order doctrine. That order did not conclu- sively find Appellant incompetent and commit him to the custody of the Attorney General. See United States v. Donofrio, 896 F.2d 1301 (11th Cir. 1990) (holding that an order finding a defendant incom- petent to stand trial and committing him to the custody of the At- torney General was an immediately-appealable collateral order). Instead, the district court delayed the criminal proceedings until its previously-ordered commitment could occur, and a challenge to that delay is akin to a speedy trial challenge, which is not reviewa- ble on interlocutory appeal. See United States v. MacDonald, 435 U.S. 850, 857 (1978). Accordingly, appeal no. 23-10773 is DISMISSED for lack of jurisdiction. Further, because our dismissal of appeal no. 23-10773 will lift the district court’s March 16, 2023 order staying the pro- ceedings pending that appeal, appeal no. 23-10897, which chal- lenges that order, is DISMISSED as MOOT. See Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1189 (11th Cir. 2011) (providing that an issue is moot “when it no longer presents a live USCA11 Case: 23-10773 Document: 18-1 Date Filed: 06/07/2023 Page: 4 of 4

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controversy with respect to which the court can give meaningful relief.”). All pending motions are DENIED as MOOT.