United States v. Nesbitt ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4645
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JULIUS NESBITT, a/k/a Butch,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, Chief District
Judge. (2:08-cr-01153-DCN-1)
Submitted: July 29, 2010 Decided: July 30, 2010
Before DUNCAN, DAVIS, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Louis H. Lang, CALLISON, TIGHE & ROBINSON, LLC, Columbia, South
Carolina, for Appellant. Peter Thomas Phillips, Assistant
United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.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 (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 (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
2