United States v. Rochelle

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 9, 2009
• Docket: 08-8057
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8057

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

OKANG KAREEM ROCHELLE,

Defendant – Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., District Judge. (1:05-cr-00112-UA-1)

Submitted: February 17, 2009 Decided: March 9, 2009

Before MICHAEL, GREGORY, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Okang Kareem Rochelle, Appellant Pro Se. Anand P. Ramaswamy, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Okang Kareem Rochelle seeks to appeal the district

court’s order granting his request for new counsel, and the

court’s finding that he is competent to stand trial. 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 (1949). The order

Rochelle 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