United States v. Turner ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7886
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DALAINO LADELLE TURNER,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:06-cr-00130-LMB-1)
Submitted: December 17, 2009 Decided: December 31, 2009
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dalaino Ladelle Turner, Appellant Pro Se. Neil H. MacBride,
United States Attorney, John C. Lynch, OFFICE OF THE UNITED
STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dalaino Turner seeks to appeal the district court’s
denial of his motion for appointment of counsel to file a motion
for reduction of sentence pursuant to 18 U.S.C. § 3582 (2006).
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 (1949). The order
Turner seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Miller v.
Simmons, 814 F.2d 962 (4th Cir. 1987). 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