US v. Dalaino Turner

Filing 920091231

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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). Turner seeks to appeal is or neither a final order. The order nor an v.

order

appealable

interlocutory

collateral

Miller

Simmons, 814 F.2d 962 (4th Cir. 1987). the appeal for lack of jurisdiction.

Accordingly, we dismiss 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

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