United States v. Robert A. Aliotta, Wilfred W. Leyland, and William Peters

PARKER, Circuit Judge:

Defendant Wilfred W. Leyland appeals from an order of the United States District Court for the Western District of New York, (Richard J. Arcara, Judge), entered October 6, 1997, denying his motion to withdraw his guilty plea and to dismiss the indictment.1 On November 17, 1997, the *80district court granted Leyland’s request to delay sentencing and entry of judgment pending this interlocutory appeal. The government moves to dismiss Leyland’s appeal for lack of appellate jurisdiction.

We dismiss.

I. BACKGROUND

A. The 1991 Indictment

On May 9, 1991, a federal grand jury sitting…