United States v. Leandre Budden ( 2021 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 21-6170
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    LEANDRE BUDDEN, a/k/a Bubba,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of South Carolina, at
    Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:17-cr-00769-JFA-1; 3:18-cv-
    02239-JFA)
    Submitted: November 4, 2021                                 Decided: December 15, 2021
    Before MOTZ, KING, and QUATTLEBAUM, Circuit Judges.
    Dismissed and remanded by unpublished per curiam opinion.
    Leandre Budden, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Leandre Budden seeks to appeal the district court’s order denying relief on his 
    28 U.S.C. § 2255
     motion. This court may exercise jurisdiction only over final orders, 
    28 U.S.C. § 1291
    , and certain interlocutory and collateral orders, 
    28 U.S.C. § 1292
    ; Fed. R.
    Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 
    337 U.S. 541
    , 545-46 (1949).
    “Ordinarily, a district court order is not final until it has resolved all claims as to all parties.”
    Porter v. Zook, 
    803 F.3d 694
    , 696 (4th Cir. 2015) (internal quotation marks omitted).
    Our review of the record reveals that the district court may not have adjudicated a
    claim that Budden alleged in these proceedings. 
    Id. at 696-97
    . Specifically, it is not clear
    that the district court resolved Budden’s claim that his guilty plea was not knowing,
    voluntary, and intelligent because he suffers from lifelong mental illness, and because—at
    the time of the change of plea hearing—he was undergoing medical treatment that caused
    him to experience cognitive impairment. * We thus conclude that the order Budden seeks
    to appeal is neither a final order nor an appealable interlocutory or collateral order.
    Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district court
    for consideration of the unresolved claim. 
    Id. at 699
    .
    *
    Budden requested in his § 2255 motion that the district court vacate his guilty plea
    because it was not knowing, voluntary, and intelligent. Budden later submitted a
    supplement to his § 2255 motion and a response memorandum expanding on his claim that
    his guilty plea was invalid. We are thus satisfied that the district court was obliged to
    resolve this claim. Moreover, although the district court addressed Budden’s alleged
    mental illness and cognitive impairment in resolving his ineffective assistance of counsel
    claims, we are not convinced that the resolution of those ineffective assistance claims also
    encompassed Budden’s standalone claim that his guilty plea was not knowing, voluntary,
    and intelligent.
    2
    We also deny Budden’s motion for the appointment of counsel. We dispense with
    oral argument because the facts and legal contentions are adequately presented in the
    materials before this court and argument would not aid the decisional process.
    DISMISSED AND REMANDED
    3
    

Document Info

Docket Number: 21-6170

Filed Date: 12/15/2021

Precedential Status: Non-Precedential

Modified Date: 12/15/2021