Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Jonathan Miller, Defendant-appellant, 869 F.2d 1494 (6th Cir. 1989)

ORDER

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

Review of the papers before the court indicates that on April 21, 1988, appellant, Jonathan Miller, pleaded guilty to various mail fraud offenses and was sentenced to a term of five years imprisonment. Thereafter, with the assistance of his court-appointed counsel, appellant challenged the validity of that sentence by filing a motion to reduce sentence pursuant to 28 U.S.C. § 2255. During the pendency of that motion, appellant's attorney sought permission for leave to withdraw as counsel, a request which the district court granted by order entered December 15, 1988. Appellant subsequently filed this appeal.

This panel concludes that the appeal must be dismissed for want of jurisdiction. In particular, an order granting an attorney's motion for leave to withdraw as counsel simply is not a final order immediately appealable under 28 U.S.C. § 1291. Cf. Flanagan v. United States, 465 U.S. 259, 270 (1984); United States v. Tosh, 733 F.2d 422, 423 (6th Cir. 1984). Rather, review of the district court's decision in that regard must be obtained in the context of any appeal from the final order or judgment disposing of the case on the merits.

Accordingly, it is ORDERED that the appeal be and hereby is dismissed for want of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.