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    United States v. Darwin Rusty Siers, 958 F.2d 370, 4th Cir. (1992)

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    The document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darwin Rusty Siers appealed the district court's order appending the sentencing transcript to his presentence report as required by Rule 32. However, the appeals court dismissed the appeal as interlocutory since Siers' claim of ineffective assistance of counsel for failing to file a certiorari petition remained pending in district court. The appeal was not from a final judgment or an appealable interlocutory order.

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    United States v. Darwin Rusty Siers, 958 F.2d 370, 4th Cir. (1992)

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    The document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darwin Rusty Siers appealed the district court's order appending the sentencing transcript to his presentence report as required by Rule 32. However, the appeals court dismissed the appeal as interlocutory since Siers' claim of ineffective assistance of counsel for failing to file a certiorari petition remained pending in district court. The appeal was not from a final judgment or an appealable interlocutory order.

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    Filed: 1992-03-27 Precedential Status: Non-Precedential Citations: 958 F.2d 370 Docket: 91-6310

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    The document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darwin Rusty Siers appealed the district court's order appending the sentencing transcript to his presentence report as required by Rule 32. However, the appeals court dismissed the appeal as interlocutory since Siers' claim of ineffective assistance of counsel for failing to file a certiorari petition remained pending in district court. The appeal was not from a final judgment or an appealable interlocutory order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

    United States v. Darwin Rusty Siers, 958 F.2d 370, 4th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    The document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darwin Rusty Siers appealed the district court's order appending the sentencing transcript to his presentence report as required by Rule 32. However, the appeals court dismissed the appeal as interlocutory since Siers' claim of ineffective assistance of counsel for failing to file a certiorari petition remained pending in district court. The appeal was not from a final judgment or an appealable interlocutory order.

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    of 2

    958 F.

    2d 370

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES OF AMERICA, Plaintiff-Appellee,
    v.
    Darwin Rusty SIERS, Defendant-Appellant.
    No. 91-6310.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: March 10, 1992
    Decided: March 27, 1992

    Darwin Rusty Siers, Appellant Pro Se.


    Michael Warren Carey, United States Attorney, Charleston, West
    Virginia, f or Appellee.
    Before RUSSELL, MURNAGHAN, and NIEMEYER, Circuit Judges.
    PER CURIAM:

    Darwin Rusty Siers sought relief in the district court from his conviction and
    sentence, claiming, among other things, that his attorney was ineffective in
    failing to petition for certiorari and that the district court had not complied with
    Fed. R. Crim P. 32(c)(3)(D). We remanded Siers's ineffective assistance claim
    for further consideration and remanded his Rule 32 claim for any necessary
    compliance with the appending requirement. United States v. Siers, No. 907073 (4th Cir. June 28, 1991) (unpublished). Siers now appeals the district
    court's order entered in compliance with our remand directing that the
    sentencing transcript be appended to the presentence report.
    We dismiss the appeal as interlocutory because a portion of Siers's motion-the

    claim alleging that counsel was ineffective in failing to petition for certiorariremains pending in the district court. This appeal is neither from a final
    judgment under 28 U.S.C. 1291 (1988) nor from an order made appealable by
    any exception to the final judgment rule. See 28 U.S.C. 1292 (1988); Cohen
    v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
    We dispense with oral argument because the facts and legal contentions are
    adequately developed in the materials before the Court and argument would not
    aid the decisional process.
    DISMISSED

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