United States v. Santiago Mendoza

554 F.2d 758, 1977 U.S. App. LEXIS 12728

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 24, 1977
• Docket: 76-4273
• Status: Published

Opinion

PER CURIAM:

Santiago Mendoza pled guilty to possessing marijuana with intent to distribute it. Months later, after sentencing, he moved to withdraw the plea and requested a hearing on the motion. The District Court denied his request for a hearing.

Mendoza then filed a “notice of appeal” which purports to appeal from the “judgment . . . denying defendant’s motion for withdrawal of entry of plea of guilty . . .” The District Court has not ruled on the merits of the motion; its order denies only the requested hearing. The order which Mendoza attempts to appeal from is not a final judgment because it does not terminate the litigation between the parties. See Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, 100 L.Ed. 1377 (1956). Without a final judgment, this Court does not have jurisdiction, 28 U.S.C. § 1291.

The appeal is

DISMISSED.