United States v. Rasean Barker

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7551
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RASEAN BARKER,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Michael F. Urbanski, Chief District Judge. (7:13-cr-00072-MFU-RSB-1; 7:16-
cv-80975-MFU-RSB)
Submitted: March 20, 2018 Decided: March 29, 2018
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rasean Barker, Appellant Pro Se. Jennifer R. Bockhorst, Assistant United States Attorney,
Abingdon, Virginia; Charlene Rene Day, Assistant United States Attorney, Roanoke,
Virginia; Jean Barrett Hudson, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rasean Barker seeks to appeal, prior to his resentencing, the district court’s order
granting him 28 U.S.C. § 2255 (2012) relief. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders,
28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949). The order Barker seeks to appeal is neither a final order nor
an appealable interlocutory or collateral order. See Andrews v. United States, 373 U.S.
334, 340 (1963) (district court order granting a future resentencing is not immediately
appealable because it does not complete the § 2255 proceeding). 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 this court and argument
would not aid the decisional process.
DISMISSED
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