United States Fourth Circuit

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US v. Modanlo, 13-4378

Two notices of appeal, first to appeal the court’s denial of a collateral estoppel motion to dismiss, and second to appeal the court’s denial of a motion to sever the same charge, are dismissed where: 1) the defendant prematurely filed such notices and thereby attempted to attach appellate jurisdiction in the midst of trial; 2) the notices of appeal at issue were not of a type qualifying for deferred consideration under Rule 4(b)(3); 3) the trial court had already entered definitive rulings on the motions in advance of trial, giving defendant sufficient time pre-trial through which to properly appeal. Were the rulings entered late enough to prejudice defendant’s ability to file any appeal of right, then the proper remedy would have been to petition for mandamus relief.

Appellate Information

  • Decided 08/07/2014
  • Published 08/07/2014


  • King


  • United States Fourth Circuit


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