Filed: Jul. 28, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6435 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LEANDRA SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber, Defendant - Appellant. No. 08-6436 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LEANDRA SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber, Defendant - Appellant. Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6435 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LEANDRA SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber, Defendant - Appellant. No. 08-6436 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LEANDRA SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber, Defendant - Appellant. Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6435
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEANDRA SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber,
Defendant - Appellant.
No. 08-6436
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEANDRA SMITH, a/k/a Leanra Smith, a/k/a Rhonda L. Barber,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Senior
District Judge. (3:03-cr-00219-GCM-DCK-2)
Submitted: July 2, 2008 Decided: July 28, 2008
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leandra Smith, Appellant Pro Se. Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina; David Alan
Brown, Assistant United States Attorney, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In Appeal No. 08-6435, Leandra Smith seeks to appeal from
the district court’s order denying her motion to stay a prior order
of the district court pending resolution of her appeal. On April
8, 2008, this court dismissed Smith’s appeal from the district
court’s October 25, 2007 order. Smith’s request that the district
court stay the order pending appeal and her appeal from the denial
of that stay are now moot. Accordingly, we dismiss this appeal as
moot.
Appeal No. 08-6436 is Smith’s appeal from the district
court’s order denying her motion for substitution of appointed
counsel prior to sentencing. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2000), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S.
541 (1949). The order Smith seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss the appeal for lack of jurisdiction.
Having determined to dismiss Smith’s appeals, we deny, as
moot, her motion for a stay of the district court proceedings
pending appeal. We dispense with oral argument because the facts
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and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
DISMISSED
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