United States v. Myrie, No. 13-13106 (11th Cir. 2015)

Defendant was convicted of drug trafficking and possession charges. On appeal, defendant challenged the district court's order granting in part and denying in part his motion for a new trial. The court dismissed the appeal based on lack of jurisdiction where, under United States v. Wilson and In re United States, the pending charge against defendant prevents the court from hearing his appeal at this point in the proceedings. The court noted that if it were writing on a clean slate, it would conclude that the district court's order granting in part and denying in part defendant's motion for a new trial finally and irreparably affected defendant's rights as to Count 1 and 4 and his convictions on those counts constituted separate cases which were brought to a conclusion by sentencing. However, like the panel In re United States, the court is not at liberty to so hold.