United States v. Tyquavious Jaquan Landrum

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 21, 2025
• Docket: 24-13964
• Status: Unpublished

Opinion

USCA11 Case: 24-13964 Document: 18-1 Date Filed: 05/21/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-13964 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TYQUAVIOS JAQUAN LANDRUM, a.k.a. Tyquarious Jaquan Landrum, a.k.a. Tyquavions Jaquan Landrum,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Alabama USCA11 Case: 24-13964 Document: 18-1 Date Filed: 05/21/2025 Page: 2 of 3

2 Opinion of the Court 24-13964

D.C. Docket No. 2:24-cr-00062-KD-MU-1 ____________________

Before JORDAN, LUCK, and KIDD, Circuit Judges. PER CURIAM: Upon review of the record and the parties’ responses to the jurisdictional question, we conclude that we lack jurisdiction over this appeal because there is not a final or otherwise appealable judg- ment. Tyquavios Landrum appeals from the district court’s judg- ment, which disposed of the count of conviction but not the other counts charged in the indictment. 1 The district court declared a mistrial as to the other counts. That judgment is not final or oth- erwise immediately appealable because a count for which a defend- ant has been sentenced is not separate and distinct for purposes of finality where other counts remain unresolved. See 28 U.S.C. § 1291 (providing that the courts of appeals have jurisdiction over “appeals from all final decisions of the district courts”); Flanagan v. United States, 465 U.S. 259, 263 (1984) (noting that, in a criminal case, the final judgment rule “prohibits appellate review until con- viction and imposition of sentence”); United States v. Myrie, 776 F.3d 1280, 1285 (11th Cir. 2015) (dismissing for lack of jurisdiction where

1 Although Landrum filed his notice of appeal after the jury’s verdict but be-

fore sentencing, the notice of appeal is effective to appeal the later entered judgment. See United States v. Curry, 760 F.2d 1079, 1079-80 (11th Cir. 1985). USCA11 Case: 24-13964 Document: 18-1 Date Filed: 05/21/2025 Page: 3 of 3

24-13964 Opinion of the Court 3

sentence was imposed on some counts but other counts were pending after the grant of a motion for new trial). Accordingly, this appeal is DISMISSED for lack of jurisdic- tion. All pending motions are DENIED as moot.