UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7886

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DALAINO LADELLE TURNER,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:06-cr-00130-LMB-1)

Submitted: December 17, 2009 Decided: December 31, 2009

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dalaino Ladelle Turner, Appellant Pro Se. Neil H. MacBride, United States Attorney, John C. Lynch, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Dalaino Turner seeks to appeal the district court’s

denial of his motion for appointment of counsel to file a motion

for reduction of sentence pursuant to

(2006).

This court may exercise jurisdiction only over final orders,

(2006), and certain interlocutory and collateral

orders,

(2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp.,

(1949). The order

Turner seeks to appeal is neither a final order nor an

appealable interlocutory or collateral order. Miller v.

Simmons,

(4th Cir. 1987). 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