United States v. Lloyd L. Baxter, 19 F.3d 155 (4th Cir. 1994). · Go Syfert
United States v. Lloyd L. Baxter, 19 F.3d 155 (4th Cir. 1994). Cases Citing This Book View Copy Cite
23 citation events (15 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Jason Kokinda (ca4, 2021-04-29)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Jason Kokinda
4th Cir. · 2021 · confidence medium
“In criminal proceedings, sentencing is the final decision, before which litigation has not ended.” United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994).
discussed Cited as authority (rule) Katherine Dauphin v. Beverly Hennager
4th Cir. · 2018 · signal: cf. · confidence medium
Cf. United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994) (holding that the court lacked jurisdiction over appeal from magistrate judge’s decision because “[f]ederal statutes, federal rules of criminal procedure, and case law all provide that a federal magistrate’s judgment of conviction and sentence may only be appealed to a federal district court”).
discussed Cited as authority (rule) Katherine Dauphin v. Beverly Hennager
4th Cir. · 2017 · signal: cf. · confidence medium
Cf. United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994) (holding that the court lacked jurisdiction over appeal from magistrate judge’s decision because “[f]ederal statutes, federal rules of criminal procedure, and case law all provide that a federal magistrate’s judgment of conviction and sentence may only be appealed to a federal district court”).
discussed Cited as authority (rule) Mohammed v. Holder
E.D. Va. · 2010 · signal: cf. · confidence medium
Cf. United States v. Baxter, 19 F.3d 155, 156 (4th Cir.1994) (“Because we decide that this Court lacks jurisdiction to review the decision of either the district court or the magistrate judge, we do not reach the merits of this appeal” and accordingly dismiss the appeal).
discussed Cited as authority (rule) United States v. Manning-Ross
1st Cir. · 2004 · confidence medium
It is well established that “[t]his language indicates that a defendant challenging a conviction or a sentence rendered by a Magistrate Judge must do so in the first instance in the district court.” United States v. Jones, 117 F.3d 644, 645 (2d Cir.1997) (citing United States v. Baxter, 19 F.3d 155, 156-57 (4th Cir.1994); United States v. Smith, 992 F.2d 98, 99 (7th Cir.1993); United States v. Soolook, 987 F.2d 574, 575 (9th Cir.1993); Midway Mfg.
discussed Cited as authority (rule) United States v. Campbell
10th Cir. · 1997 · confidence medium
Because an order remanding a case for further proceedings ordinarily is not a final appealable order, see Baca-Prieto v. Guigni, 95 F.3d 1006, 1008 (10th Cir. 1996); United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994), we ordered the parties to file jurisdictional memoranda.
discussed Cited as authority (rule) United States v. Stephen L. Campbell, United States of America v. Jared Zierenberg
10th Cir. · 1997 · confidence medium
Defendants appeal from these district court rulings. 4 Because an order remanding a case for further proceedings ordinarily is not a final appealable order, see Baca-Prieto v. Guigni, 95 F.3d 1006, 1008 (10th Cir.1996); United States v. Baxter, 19 F.3d 155, 156 (4th Cir.1994), we ordered the parties to file jurisdictional memoranda.
cited Cited "see" Gary LeClair v. Lynn Tavenner
4th Cir. · 2025 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994) (per curiam); Thompson v. Virginia (In re Thompson), 16 F.3d 576 , 577 n.1 (4th Cir. 1994).
cited Cited "see" Gary LeClair v. Lynn Tavenner
4th Cir. · 2025 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994) (per curiam); Thompson v. Virginia (In re Thompson), 16 F.3d 576 , 577 n.1 (4th Cir. 1994).
cited Cited "see" Gary LeClair v. Lynn Tavenner
4th Cir. · 2025 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994) (per curiam); Thompson v. Virginia (In re Thompson), 16 F.3d 576 , 577 n.1 (4th Cir. 1994).
cited Cited "see" David Kluttz v. State of North Carolina
4th Cir. · 2022 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155 , 156–57 (4th Cir. 1994).
cited Cited "see" David Meyers v. Jeffrey Kiser
4th Cir. · 2019 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155 , 156–57 (4th Cir. 1994).
cited Cited "see" LeAnthony Winston v. Harold W. Clarke
4th Cir. · 2018 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155, 156-57 (4th Cir. 1994).
cited Cited "see" Ray Parker v. Hunting Point Apartments, LLC
4th Cir. · 2016 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155, 156-57 (4th Cir.1994).
cited Cited "see" United States v. Terry
4th Cir. · 2007 · signal: see · confidence high
See United States v. Baxter, 19 F.3d 155, 156 (4th Cir.1994) (“final judgment in a criminal case means sentence”).
cited Cited "see" United States v. Olivia Jones
2d Cir. · 1997 · signal: see · confidence high
See United States v. Baxter, 19 F.3d. 155, 156-57 (4th Cir.1994); United States v. Smith, 992 F.2d 98, 99 (7th Cir.1993); United States v. Soolook, 987 F.2d 574, 575 (9th Cir.1993); Midway Mfg.
discussed Cited "see" Palmetto State Medical Center, Inc. v. Operation Rescue
4th Cir. · 1994 · signal: see · confidence high
Corp., 600 F.2d 11 , 11 (4th Cir.1979) (holding that memorandum opinion finding in favor of plaintiff was not a final order because it did not fix damages); see United States v. Baxter, 19 F.3d 155, 156 (4th Cir.1994) (holding that a final order generally is one " 'which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment' ") (quoting Budinich v. Becton Dickinson & Co., 486 U.S. 196, 199 (1988)). 7 Palmetto's complaint requested preliminary 1 and permanent injunctive relief, compensatory damages, and punitive damages.
cited Cited "see, e.g." United States v. Aris Ramirez-Alvarez
5th Cir. · 2010 · signal: see also · confidence medium
P. 58(g)(2); see also United States v. Baxter, 19 F.3d 155, 156 (4th Cir.1994).
cited Cited "see, e.g." United States v. Desmond C. Lawrence
4th Cir. · 2000 · signal: see also · confidence medium
The sentence is the judgment." Berman v. United States, 302 U.S. 211, 212 (1937); see also United States v. Baxter, 19 F.3d 155, 156 (4th Cir. 1994).
cited Cited "see, e.g." United States v. Desmond Charles Lawrence
4th Cir. · 2000 · signal: see also · confidence medium
The sentence is the judgment.” Berman v. United States, 302 U.S. 211, 212 , 58 S.Ct. 164 , 82 L.Ed. 204 (1937); see also United States v. Baxter, 19 F.3d 155, 156 (4th Cir.1994).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Lloyd L. BAXTER, Defendant-Appellant
93-5222.
Court of Appeals for the Fourth Circuit.
Mar 22, 1994.
19 F.3d 155
ARGUED: Robert Stanley Powell, Powell & Colton, P.C., Alexandria, VA, for appellant., Donald Campbell Lockhart, Trial Atty., Crim. Div., U.S. Dept, of Justice, Washington, DC, for appellee., ON BRIEF: Kenneth E. Melson, U.S. Atty., Crim. Div., U.S. Dept, of Justice, Washington, DC, for appellee.
Murnaghan, Hamilton, Kaufman.
Cited by 22 opinions  |  Published
Pinpoint authority: bottom 54%

OPINION

PER CURIAM:

On September 12, 1992, United States Park Police officers arrested appellant Bax-tér and charged him with possession of various controlled substances as he sat smoking marijuana in a van parked along the George Washington Memorial Parkway. On October 26, 1992, the government filed a nine-count criminal information charging Baxter with various violations of 36 C.F.R. § 2.35(b)(2), which prohibits possession of a controlled substance on federal park lands. [1] The next day, Magistrate Judge Poretz, of the Eastern District of Virginia, accepted Baxter’s guilty plea to counts three and four of the information, charging Baxter with possession of cocaine and Tylox. Over the government’s objection, the magistrate judge placed Baxter[*156] on special probation pursuant to 18 U.S.C. § 3607, which provides for the dismissal of the charge within one year without an adjudication of guilt if the defendant violates no other laws.

The government appealed that sentence to the district court, arguing that special probation under 18 U.S.C. § 3607(a) was not available to persons convicted under 36 C.F.R. § 2.35(b)(2); but rather applied only, to convictions obtained under 21 U.S.C. § 844. In an oral opinion issued on January 22, 1993, Chief District Judge James Cacheris agreed with the government’s argument, reversed the decision of the Magistrate Judge, and remanded the case to the magistrate judge for resentencing. Upon resentencing, the magistrate judge entered, on February 17, 1993, a judgment of conviction in Baxter’s case on the two original counts and sentenced Baxter to two concurrent twelvemonth terms of supervised probation, conditioned by drug testing at the direction and discretion of the probation office, and also assessed ten dollars against Baxter for each of the two counts.

In the within appeal, Baxter challenges both the district court’s Judgment and Order of January 22, 1993, and the magistrate judge’s judgment of conviction and sentence of February 17, 1993. Because we decide that this Court lacks jurisdiction to review the decision of either the district court or the magistrate judge, we do not reach the merits of this appeal.

Neither of the parties has raised or briefed the existence of jurisdiction, vel non of this appellate court to entertain the within appeal. Nevertheless, we are obligated to raise the matter on our own motion. See 15A Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3905 (2d ed. 1992) and cases cited therein. Although Baxter attempts to bring this appeal within and pursuant to 28 U.S.C. § 1291, that section only extends the jurisdiction of the Courts of Appeals to final decisions from the District Courts. [2] “A ‘final decision’ generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Budinich v. Becton Dickinson & Co., 486 U.S. 196, 199, 108 S.Ct. 1717, 1720, 100 L.Ed.2d 178 (1988) (quoting Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945)). In criminal proceedings, sentencing is the final decision, before which litigation has not ended. Berman v. United States, 302 U.S. 211, 212, 58 S.Ct. 164, 165, 82 L.Ed. 204 (1937) (“Final judgment in a criminal case means sentence. The sentence is the judgment.”) District court orders which reverse and remand for farther proceedings are generally not considered final orders. See 4 Ám.Jur.2d Appeal and Error § 59, at 580-81 (1962) and cases cited therein. Such orders are deemed final only in limited circumstances, where the order imposes only ministerial duties on the lower tribunal. See, e.g., Gulf Refining Co. v. United States, 269 U.S. 125, 46 S.Ct. 52, 70 L.Ed. 195 (1925). Although Chief Judge Ca-cheris found as a matter of law that 36 C.F.R. § 2.35(b)(2) does not permit the sentence originally imposed, he did not direct any particular sentence when he remanded Baxter’s case for resentencing. Because Magistrate Judge Poretz was given, pursuant to Judge Cacheris’ action, full discretion to determine Baxter’s sentence, the Magistrate Judge possessed discretionary authority, not simply the duty to perform a ministerial act. The district court’s order to remand did not constitute a final decision, therefore, we lack jurisdiction over Baxter’s within appeal, if we consider it an appeal, from the district court’s January 22, 1993, actions.

We also lack jurisdiction over Baxter’s within appeal, if we view it as an appeal, from Magistrate Judge Poretz’s decision of February 25,1993. Federal statutes, federal rules of criminal procedure, and ease law all provide that a federal magistrate’s judgment of conviction and sentence may only be appealed to a federal district court. See 18 U.S.C. § 3402 (“In all cases of conviction by[*157] a United States magistrate an appeal of right shall lie from the judgment of the magistrate to a judge of the district court of the district in which the offense was committed”); Federal Rule of Criminal Procedure 58(g)(2); [3] Midway Mfg. Co. v. Kruckenberg, 720 F.2d 653, 654 (11th Cir.1983). To have appealed properly from the magistrate judge’s decision, Baxter should have appealed to the district court below, not to this court. Accordingly, Baxter’s within appeal is hereby dismissed.

DISMISSED.

1

. That document was entitled a Second Superseding Criminal Information; it superseded two prior criminal informations, one filed on September 14, 1992, and the other filed on September 16, 1992, both charging Baxter with violations of 21 U.S.C. § 844 with regard to the alleged September 12, 1992, offense.

2

. 28 U.S.C. § 1291 provides in pertinent part: The courts of appeals ... shall have jurisdiction of appeals from all final decisions of the district courts of the United States ... except where direct review may be had in the Supreme Court.

(emphasis added).

3

. Rule 58(g)(2) provides in pertinent part:

(B) Appeal From Conviction or Sentence. An appeal from a judgment of conviction or sentence by a magistrate to a judge of the district court shall be taken within 10 days after entry of the judgment....
(D) Scope of Appeal. The defendant shall not be entitled to a trial de novo by a judge-of the district court. The scope of the appeal shall be the same as an appeal from a judgment of a district court to a court of appeals.