Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Roberto Dominguez-prieto, Defendant-appellant, 921 F.2d 277 (6th Cir. 1990)

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U.S. Court of Appeals for the Sixth Circuit - 921 F.2d 277 (6th Cir. 1990)

Dec. 4, 1990


Before WELLFORD and ALAN E. NORRIS, Circuit Judges, and FORESTER, District Judge* .

ORDER

These appeals have been referred to this panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the record indicates that an indictment was entered against the appellant on December 19, 1989. On December 21, 1989, he was ordered detained pending trial. He filed a pro se 28 U.S.C. § 2255 motion on March 19, 1990, which was denied as improper on March 21, 1990. Appellant appealed the order on March 26, 1990 (appeal no. 90-5803). The trial was held on March 27, 1990, and a verdict entered. On April 2, 1990, appellant filed a pro se motion for pauper status seeking a copy of the transcript and all papers in his case. The motion was denied on April 4, 1990, and appellant appealed on April 11, 1990 (appeal no. 90-5804). The judgment and commitment order was entered May 29, 1990, from which counsel for appellant appealed on May 31, 1990 (appeal no. 90-5781).

The imposition of sentence is the final judgment for purposes of an appeal in a criminal case. Midland Asphalt Corp. v. United States, 489 U.S. 794 (1989); Flanagan v. United States, 465 U.S. 259, 263 (1984); United States v. Bratcher, 833 F.2d 69, 71 (6th Cir. 1987), cert. denied, 484 U.S. 1030 (1988).

Accordingly, it is ORDERED that appeal nos. 90-5803 and 90-5804 be, and they hereby are, dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

The Honorable Karl S. Forester, U.S. District Judge for the Eastern District of Kentucky, sitting by designation