Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Terry Bernard Starks, Defendant-appellant, 920 F.2d 934 (6th Cir. 1990)

ORDER

Defendant Terry Bernard Starks is charged with possession with intent to distribute approximately one kilogram of cocaine in violation of 21 U.S.C. § 841(a) (1), and aiding and abetting, in violation of 18 U.S.C. § 2. Starks now appeals the denial of his motion to suppress certain evidence.

A court of appeals has a duty to consider sua sponte whether appellate jurisdiction is properly invoked. Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 740 (1976). The finality rule set forth in 28 U.S.C. § 1291 expressly limits the jurisdiction of appellate courts to appeals from all final decisions of the federal district courts. In criminal cases, the final decision of the district court is the sentence. Flanagan v. United States, 465 U.S. 259, 263 (1984); Berman v. United States, 302 U.S. 211, 212 (1937). Orders denying motions to suppress evidence are not final or otherwise immediately appealable. See Sovereign News Co. v. United States, 690 F.2d 569 (6th Cir. 1982), cert. denied, 464 U.S. 814 (1983).

It is ORDERED that this appeal be dismissed for want of appellate jurisdiction.