Unpublished Dispositionunited States of America, Plaintiff-appellee, v. William Remus Mccrady, Defendant-appellant, 889 F.2d 1089 (6th Cir. 1989)

Before KRUPANSKY and RYAN, Circuit Judges, and EDWARD H. JOHNSTONE, Chief District Judge^* .

ORDER

The defendant, William Remus McCrady, has filed a notice of appeal from guilty verdicts on three counts. The verdicts he appeals were rendered on September 28, 1989. On September 29 the defendant was referred for presentence investigation and filed a renewed motion for acquittal. Sentence has not yet been imposed, and the defendant's motion remains pending. The notice of appeal was filed on October 30, 1989.

Fed. R. App. P. 4(b) provides that a notice of appeal in a criminal action must be filed within ten days from the entry of judgment. The final judgment for purposes of 28 U.S.C. § 1291 in a criminal proceeding is the sentence. Flanagan v. United States, 465 U.S. 259, 263 (1984); Berman v. United States, 302 U.S. 211, 212 (1937). Since sentence has not yet been imposed this appeal is premature.

It is therefore ORDERED that this appeal is dismissed sua sponte without prejudice to the defendant's right to file a timely appeal following the final judgment. Rule 9(b), Sixth Circuit Local Rules.