U.S. Court of Appeals for the Fifth Circuit, 1977

United States v. Santiago Mendoza

U.S. Court of Appeals for the Fifth Circuit · Decided June 24, 1977 · Coleman, Godbold, Per Curiam, Tjoflat

554 F.2d 758; 1977 U.S. App. LEXIS 12728 (Federal Reporter, Second Series)

Counsel

Diana Cisneros, McAllen, Tex., Van A. Hutchins, Alamo, Tex., for defendant-appellant., Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., John P. Smith, Asst. U. S. Atty., Brownsville, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Opinion

PER CURIAM:

Santiago Mendoza pled guilty to possessing marijuana with intent to distribute it. Months later, after sentencing, he moved to withdraw the plea and requested a hearing on the motion. The District Court denied his request for a hearing.

Mendoza then filed a “notice of appeal” which purports to appeal from the “judgment . . . denying defendant’s motion for withdrawal of entry of plea of guilty . . .” The District Court has not ruled on the merits of the motion; its order denies only the requested hearing. The order which Mendoza attempts to appeal from is not a final judgment because it does not terminate the litigation between the parties. See Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, 100 L.Ed. 1377 (1956). Without a final judgment, this Court does not have jurisdiction, 28 U.S.C. § 1291.

The appeal is

DISMISSED.

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