Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Erick Uzzelites Holman, Defendant-appellant, 929 F.2d 702 (6th Cir. 1991)

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U.S. Court of Appeals for the Sixth Circuit - 929 F.2d 702 (6th Cir. 1991) April 8, 1991

E.D. Mich., 90-50044, Newblatt, J.


E.D. Mich.

APPEAL DISMISSED.

Before RYAN and SUHRHEINRICH, Circuit Judges, and ZATKOFF, District Judge.* 

ORDER

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Erick Uzzelites Holman moves for a transcript at government expense, for bail, and for a stay of the district court's judgment.

In this appeal taken pro se, Holman appeals the denial of a motion to suppress evidence in Holman's cocaine distribution criminal case, in which Holman is represented by counsel. Generally, an order denying a pretrial motion to suppress evidence is not appealable. Di Bella v. United States, 369 U.S. 121, 131-32 (1962). Here, no circumstances exist which would support an immediate appeal of the order in question, and this court lacks jurisdiction over the appeal.

Accordingly, defendant's motions for a transcript at government expense, for bail, and for a stay of the district court's judgment are denied. The appeal is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

The Honorable Lawrence P. Zatkoff, U.S. District Judge for the Eastern District of Michigan, sitting by designation