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United States v. Marilou F. Huling, 85 F.3d 617, 4th Cir. (1996)
United States v. Marilou F. Huling, 85 F.3d 617, 4th Cir. (1996)
3d 617
Appeal from the United States District Court for the Eastern District of
Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge; Tommy E.
Miller, Magistrate Judge. (CR-95-78)
Andrew M. Sacks, SACKS & SACKS, Norfolk, Virginia, for Appellant.
Helen F. Fahey, United States Attorney, John Phillip Ellington, Special
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
E.D.Va.
DISMISSED.
Before NIEMEYER and LUTTIG, Circuit Judges, and CHAPMAN,
Senior Circuit Judge.
PER CURIAM:
Appellant appeals the district court's order affirming her conviction, but
remanding the case to the magistrate judge to determine whether a presentence
report is required. We dismiss the appeal for lack of jurisdiction because the
order is not appealable. This court may exercise jurisdiction only over final
orders,1 and certain interlocutory and collateral orders.2 In criminal cases, final
judgment means that sentence has been entered.3 The parties acknowledge in
their briefs that this appeal has brought to a halt the resentencing proceeding
before the magistrate judge. The order here appealed is neither a final order nor
an appealable interlocutory or collateral order.
2