United States v. Kissi , 235 F. App'x 118 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-5105
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID M. KISSI; EDITH TRUVILLION KISSI,
Defendants - Appellants.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (03-
cr-473-PJM)
Submitted: July 9, 2007 Decided: August 2, 2007
Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
David M. Kissi, Edith Truvillion Kissi, Appellants Pro Se.
Christopher Bowman Mead, LONDON & MEAD, Washington, D.C., for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David M. Kissi and Edith Truvillion Kissi seek to appeal
the district court’s order finding them in criminal contempt and
imposing sentences upon them. Subsequent to the filing of the
Kissis’ notice of appeal, the district court vacated their
sentences and referred the matter to the United States Attorney’s
Office. It does not appear that further action has been taken
either by the United States Attorney’s Office or the district
court.
This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
Because the district court vacated the sentences imposed upon the
Kissis, the order they seek 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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