Unpublished Dispositionunited States of America, Plaintiff-appellee, v. L.c. Evans, Defendant-appellant, 877 F.2d 63 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 877 F.2d 63 (6th Cir. 1989) June 19, 1989

Before KENNEDY, RALPH B. GUY, Jr. and ALAN E. NORRIS, Circuit Judges.


The defendant appeals an order of the district court denying his motion to dismiss the mail fraud indictment against him on statute of limitations grounds. Although judgment upon the jury's verdict of guilty was entered on May 26, 1989, a sentencing date has yet to be set in the district court.

Generally, the final, appealable judgment in a criminal case is the sentence. Flanagan v. United States, 465 U.S. 259, 263 (1984), citing Berman v. United States, 302 U.S. 211, 212 (1937); United States v. Bratcher, 833 F.2d 69 (6th Cir. 1987), cert. denied, 108 S. Ct. 760 (1988). This court has recently held that denial of a defendant's motion to dismiss a mail fraud indictment on statute of limitations grounds is not immediately appealable prior to a final judgment. United States v. Davis, No. 88-3944, slip op. (6th Cir. April 24, 1989) (1989 U.S.App. LEXIS 5453, 1989 WL 38754).

It is therefore ORDERED that this appeal is dismissed sua sponte without prejudice to the defendant's right to file a timely appeal after imposition of sentence. Rule 9(b) (1), Local Rules.