Opinion
CASE NO. 16-CR-92
07-07-2016
UNITED STATES OF AMERICA, Plaintiff, v. ANDREW DAVISON, Defendant.
OPINION & ORDER
[Resolving Docs. 15, 16 ] :
On March 23, 2016, the United States indicted Defendant Andrew Davison for being a felon in possession of a firearm, for possession with intent to distribute cocaine, and for possession with intent to distribute marijuana. On June 29, 2016, this Court heard argument in Defendant's motion to suppress and his motion for a Franks hearing. This Court ruled from the bench, denying both motions. On July 5, 2016, Defendant Davison appealed the denial of the motion to suppress and the motion for a Franks hearing to the Sixth Circuit.
Doc. 1. The Government has now dismissed Counts 2 and 3 without prejudice. Doc. 48.
Doc. 32; Doc. 34.
Doc. 44.
Doc. 46.
Generally, a district court stays a case pending a proper interlocutory appeal to the appellate court. However, "[i]t is well-settled that a criminal defendant cannot take an immediate appeal from an order denying a pretrial motion to suppress evidence." Rather, such an order can be appealed only after the entry of final judgment in the action—generally the entry of a sentence in a criminal case.
United States v . Shameizadeh, 41 F.3d 266, 267 (6th Cir. 1994) (citing Di Bella v . United States, 369 U.S. 121, 131 (1962)).
Id.; Berman v . United States, 302 U.S. 211, 212 (1937). --------
Davison's appeal to the Sixth Circuit is improper. The appeal will not stay the scheduled trial.
IT IS SO ORDERED. Dated: July 7, 2016
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE