U.S. v. Lawrence
Decision Date | 29 October 1999 |
Docket Number | No. 99-4438,99-4438 |
Citation | 201 F.3d 536 |
Parties | (4th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DESMOND CHARLES LAWRENCE, Defendant-Appellant. . Argued: |
Court | U.S. Court of Appeals — Fourth Circuit |
Appeal from the United States District Court for the District of South Carolina, at Columbia.
ARGUED: Allen Bethea Burnside, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. John Michael Barton, Assistant United States Attorney, Columbia, South Carolina, for Appellee.
ON BRIEF: J. Rene Josey, United States Attorney, Columbia, South Carolina, for Appellee.
Before WIDENER and MURNAGHAN, Circuit Judges, and James H. MICHAEL, Jr., Senior United States District Judge for the Western District of Virginia, sitting by designation.
Dismissed by published opinion. Judge Widener wrote the opinion, in which Judge Murnaghan and Senior Judge Michael joined.
This appeal is from the district court's order directing that Desmond Charles Lawrence, the defendant, be resentenced using closed circuit television technology.* The district court entered its order following our remand of the case for resentencing in United States v. Lawrence, 161 F.3d 250, 256 (4th Cir. 1998). The district court based its order on its assessment of the danger posed by transporting the defendant from the United States Penitentiary in Florence, Colorado to the district court in South Carolina. We dismiss the appeal as premature.
After a jury trial, the district court convicted and sentenced the defendant for attempted robbery and bank larceny in early 1997. Defendant appealed to this court in February 1997 challenging his conviction and sentence. We affirmed his conviction and remanded the case back to the district court for resentencing in accordance with our opinion, United States v. Lawrence, 161 F.3d 250 (4th Cir. 1998). On June 3, 1999 the district court ordered that the defendant's resentencing be conducted via closed circuit television technology, and the defendant appealed from that order. The district court stayed the resentencing pending the outcome of this interlocutory appeal.
The basic rule of 28 U.S.C. S 1291 is that finality of a judgment is a predicate for federal appellate jurisdiction. 28 U.S.C. S 1291 ( ). Piecemeal or interlocutory appeals are disfavored in the federal courts, especially in criminal cases. See United States v. MacDonald, 435 U.S. 850, 853-54 (1978) ( )(quoting Abney v. United States, 431 U.S. 651, 656 (1977) () ). The exception to 28 U.S.C. S 1291 is the collateral order doctrine announced in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). That doctrine allows appellate jurisdiction for an interlocutory appeal of an order made during the course of litigation that is "related to matters outside the stream of the main action and would not be subject to effective review as part of the final judgment in the action." Parr v. United States, 351 U.S. 513, 519 (1956) ( ). The decisions falling under the collateral order doctrine are final decisions in a sense because they "fall in that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action," and which, if forced to await review until final judgment, will be lost. Cohen, 337 U.S. at 546.
Lawrence claims jurisdiction for this interlocutory appeal under the collateral order Cohen exception. Previously, we have recognized that the Court applies "the requirements of the collateral order exception to the final judgment rule . . . `with the utmost strictness in criminal cases.'" United States v. Blackwell, 900 F.2d 742, 747 (4th Cir. 1990) (quoting Flanagan v. United States, ...
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