Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Carl D. Bush, Defendant-appellant, 798 F.2d 1416 (6th Cir. 1986)
Annotate this CaseBefore JONES and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.
ORDER
On April 1, 1986, appellant was found guilty of possession with intent to distribute a controlled substance (cocaine) in violation of 21 U.S.C. §§ 841(a) (1) and 845(a). On April 4, 1986, the district court entered an order adopting the jury verdict. Appellant filed and served a motion for a new trial on April 11, 1986. That same day, he filed his notice of appeal from the jury verdict.
Generally, where no judgment of conviction, sentence and commitment has been entered, no appeal lies in a criminal case. The proper procedure in a criminal case is an appeal from the final judgment, which, in a criminal case, is the sentence. Berman v. United States, 302 U.S. 211 (1937); Federal Rules of Appellate Procedure 4(b).
It is ORDERED that this appeal be and hereby is dismissed.
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