United States of America, Plaintiff-appellee, v. James A. Atman, Also Known As James M. Atman, Defendant-appellant, 98 F.3d 1342 (6th Cir. 1996)
Annotate this CaseE.D. Tenn., No. 94-00051; Robert Leon Jordan, Judge.
E.D. Tenn.
APPEAL DISMISSED.
Before: BROWN, KENNEDY, and DAUGHTREY, Circuit Judges.
ORDER
On September 6, 1996, a jury returned a verdict finding the defendant guilty on four counts of drug-related criminal activity. Thereafter, he filed a pro se notice of appeal seeking "to appeal the judgements [sic] of guilty." The present appeal resulted.
In a criminal proceeding, the final judgment for purposes of appeal is the imposition of sentence. Flanagan v. United States, 465 U.S. 259, 263 (1984); Berman v. United States, 302 U.S. 211, 212 (1937). In this case, the sentencing hearing has been set for November 8, 1996. The present appeal is premature and this court has no jurisdiction at this time to review the defendant's conviction.
It therefore is ORDERED that this appeal is dismissed sua sponte for lack of appellate jurisdiction. This order is without prejudice to the defendant perfecting a new appeal following the entry of judgment and sentence.
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