United States v. Nesbitt

392 F. App'x 233
Court of Appeals for the Fourth Circuit·Decided July 30, 2010·No. No. 10-4645·Published

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Julius Nesbitt seeks to appeal the district court’s order denying his motion for reconsideration of its denial of his suppression motion and motion for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Nesbitt seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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.

DISMISSED.

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United States v. Nesbitt, 392 F. App'x 233 (4th Cir. 2010).

392 F. App'x 233 (United States v. Nesbitt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Cohen v. Beneficial Industrial Loan Corp.
337 U.S. 541 (Supreme Court, 1949)
Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)