United States Third Circuit

Appeal of district court order vacating death penalty sentence and granting resentencing is dismissed where the present court does not have jurisdiction over the government's appeal of the order resentencing defendant, as there is no final, appealable order until the resentencing has actually occurred. Defendant's appeal of district court's denial of a new guilt phase is dismissed for lack of jurisdiction, as the order denying defendant relief is not final until he is resentenced.

Appellate Information

• Argued 01/14/2009
• Decided 05/11/2009
• Published 05/11/2009

Judges

• Before:  McKEE, RENDELL and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Anne L. Saunders, Esq., Office of Federal Public Defender, Harrisburg, PA, Matthew Stiegler, Esq., [Argued], Defender Association of Philadelphia, Federal Court Division, Michael Wiseman, Esq., Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellant/Cross-Appellee., Gwynn X. Kinsey, Jr., Esq., [Argued], U.S. Department of Justice, Criminal Division, Capital Case Unit, Washington, DC, Frederick E. Martin, Esq., Office of United States Attorney, Williamsport, PA, for Appellee/Cross-Appellant.