United States v. Lyons

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8233 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. CASUAL BIANCA LYONS, Defendant – Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:03-cr-00312-BO-1) Submitted: April 22, 2010 Decided: April 27, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Casual Bianca Lyons, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Casual Bianca Lyons seeks to appeal the district court’s order denying her motion for new counsel on her 18 U.S.C. § 3582(c)(2) (2006) motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order Lyons seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2