United States v. Tucker , 114 F. App'x 571 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7565
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CORNELIUS TUCKER, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (CR-02-235-BO)
Submitted: November 18, 2004 Decided: November 23, 2004
Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Cornelius Tucker, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Cornelius Tucker, Jr., seeks to appeal an order of the
magistrate judge finding Tucker competent to stand trial for
mailing threatening communications, in violation of 18 U.S.C.A.
§ 876 (West 2000 & Supp. 2004). We dismiss the appeal for lack of
jurisdiction because the order is not appealable. 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); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541(1949). Piecemeal or interlocutory appeals are disfavored in the
federal courts, especially in criminal cases. United States v.
MacDonald, 435 U.S. 850, 853-54 (1978). As the order Tucker seeks
to appeal is neither a final order nor an appealable interlocutory
or collateral order, we deny his motion to dismiss counsel and
dismiss the appeal for lack of jurisdiction. We dispense with oral
argument because the facts and legal contentions are adequate
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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