US v. Julius Nesbitt, No. 10-4645 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4645 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JULIUS NESBITT, a/k/a Butch, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, Chief District Judge. (2:08-cr-01153-DCN-1) Submitted: July 29, 2010 Decided: July 30, 2010 Before DUNCAN, DAVIS, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Louis H. Lang, CALLISON, TIGHE & ROBINSON, LLC, Columbia, South Carolina, for Appellant. Peter Thomas Phillips, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Julius Nesbitt seeks to appeal the district court s order denying his motion for reconsideration of its denial of his suppression Franks v. motion Delaware, and 438 motion U.S. 154 for a hearing (1978). This pursuant to 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 Nesbitt Corp., seeks to 337 U.S. appeal 541, is 545-46 neither a (1949). final appealable interlocutory or collateral order. dismiss the appeal for lack of jurisdiction. oral argument adequately because presented in the the facts and materials legal before The order order nor an Accordingly, we We dispense with contentions the court are and argument would not aid the decisional process. DISMISSED 2

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