United States of America v. Andre Ricardo Roach, a/k/a Squeaky, a/k/a Redrum, a/k/a Rum

21-7579Court of Appeals for the Fourth Circuit30 juin 2022

Texte intégral

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7579
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANDRE RICARDO ROACH, a/k/a Squeaky, a/k/a Redrum, a/k/a Rum,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
George L. Russell, III, District Judge. (1:11-cr-00526-GLR-1)
Submitted: June 28, 2022 Decided: June 30, 2022
Before NIEMEYER and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed and remanded by unpublished per curiam opinion.
Andre Ricardo Roach, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Andre Ricardo Roach seeks to appeal the district court’s orders denying his motion
seeking a sentence reduction under § 404(b) of the First Step Act of 2018, Pub. L. No.
115-391, 132 Stat. 5194, and denying reconsideration. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28
U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541,
545-46 (1949). “Ordinarily, a district court order is not final until it has resolved all claims
as to all parties.” Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation
marks omitted).
Our review of the record reveals that the district court did not adjudicate all of the
claims raised in the motion. Id. at 696-97. Specifically, the court failed to address Roach’s
18 U.S.C. § 3582(c)(2) arguments for a sentence reduction. We conclude that the orders
Roach seeks to appeal are neither final orders nor appealable interlocutory or collateral
orders.
Accordingly, we dismiss the appeal for lack of jurisdiction and remand to the district
court for consideration of the unresolved claim. Id. at 699. We express no view on the
merit of any of Roach’s claims. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
DISMISSED AND REMANDED

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