Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Charles G. Gaddis, Defendant-appellant, 929 F.2d 702 (6th Cir. 1991)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) March 29, 1991

APPEAL DISMISSED.

Before MILBURN and BOGGS, Circuit Judges, and GILMORE, District Judge* .

ORDER

This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the documents before the court indicates that appellant appealed from orders ruling on pre-trial motions and requests for admissions. The numerous pre-trial motions are predominantly motions to dismiss the indictment.

This court lacks jurisdiction in this appeal. In a criminal case, it is the imposition of sentence which is the final judgment for purposes of an appeal. Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989); Flanagan v. United States, 465 U.S. 259, 263 (1984). The denial of a motion to dismiss an indictment is generally not appealable. United States v. Hollywood Motor Car Co., 458 U.S. 263, 264 (1982) (per curiam); United States v. Banks, 682 F.2d 841, 844-45 (9th Cir. 1982), cert. denied, 459 U.S. 1117 (1983); United States v. Gregory, 656 F.2d 1132, 1134-35 (5th Cir. 1981). No final and/or appealable order has been entered.

Accordingly, it is ORDERED that the appeal be, and it hereby is, dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

The Honorable Horace W. Gilmore, U.S. District Judge for the Eastern District of Michigan, sitting by designation