Friday, August 18, 2006
No Jurisdiction to Hear Appeals of Order Vacating Sentence Prior to Resentencing
US v. Stitt: The Fourth issued a decision in Stitt back in March, in which it affirmed the district court's vacation of Stitt's sentence in a 2255 proceeding. However, prior to issuing the mandate, the court discovered some Supreme Court precedent that indicated that it did not have jurisdiction to hear the appeal. Sure enough - because Stitt had not yet been resentenced, the district court had not entered a final order that was appealable. Accordingly, the court retracted its earlier opinion in the case and dismissed the Government's appeal of the district court's vacation of Stitt's sentence.