Haynes v. U.S.

Ct. of Appeals lacked jurisdiction to consider defendant’s appeal of Dist. Ct.’s order in defendant’s habeas petition that denied defendant’s request to vacate three section 924(c) firearm convictions, where Dist. Ct. had also ordered that defendant be re-sentenced on other charges. Under Andrews, 373 U.S. 334, when Dist. Ct. in habeas proceeding orders resentencing, habeas proceeding is not over, and decision is not final and appealable until resentencing has occurred.