Whether a judgment which convicts and sentences a defendant on a count of a multi-count indictment is appealable under § 1291 where, although others counts remain pending, the defendant has already begun serving the sentence?

Title 18 U.S.C. § 1291 provides that “[f]ederal courts of appeals ordinarily have jurisdiction over appeals from ‘final decisions of the district courts.’” Cunningham v. Hamilton Cnty., Ohio , 527 U.S. 198, 200 (1999). “‘[F]inal judgments’ are at the core of matters appealable under § 1291.” Sullivan v. Finkelstein , 496 U.S. 617, 628 (1990). And in criminal cases where a judgment was entered “on less than all counts of [the] indictment,” United States v. Abrams, 137 F.3d 704, 707 (2d Cir. 1998) (per curiam), four Circuits have acknowledged the defendant’s right to appeal the judgment if he has already begun serving the sentence imposed by the judgment. In the Eleventh Circuit, however, a judgment on one count of a multi -count indictment is not a ppealable while any other count is pending. And the fact that the defendant already is incarcerated when he institutes the appeal is irrelevant. Therefore, the petitioner presents the following question: Whether a judgment which convicts and sentences a defendant on a count of a multi -count indictment is appealable under § 1291 where, although others counts remain pending, the defendant has already begun serving the sentence?