United States v. Muhammad , 404 F. App'x 812 ( 2010 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 10-6052
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    PETE NOBLE MUHAMMAD, a/k/a Pete Smith, a/k/a Jose,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. William L. Osteen,
    Jr., District Judge. (2:93-cr-00117-WO-1)
    Submitted:   November 30, 2010            Decided:   December 6, 2010
    Before WILKINSON, KEENAN, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Pete Noble Muhammad, Appellant Pro Se. Anna Mills Wagoner,
    OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Pete   Noble    Muhammad        seeks   to    appeal       the    district
    court’s   order      denying      various        motions     Muhammad       had    filed
    regarding his term of supervised release.                    In denying Muhammad
    relief,   the    district     court      noted    that     the    issues       raised   in
    Muhammad’s motions would be addressed during the course of his
    then-pending     supervised       release     revocation         proceedings.          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 Muhammad 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
    

Document Info

Docket Number: 10-6052

Citation Numbers: 404 F. App'x 812

Judges: Wilkinson, Keenan, Wynn

Filed Date: 12/6/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024