Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Erick Uzzelites Holman, Defendant-appellant, 929 F.2d 702 (6th Cir. 1991)Annotate this Case
E.D. Mich., 90-50044, Newblatt, J.
Before RYAN and SUHRHEINRICH, Circuit Judges, and ZATKOFF, District Judge.*
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