United States Watson, 05-4476

Full title: UNITED STATES OF AMERICA v. ERIC WATSON, Appellant

Court: United States Court of Appeals, Third Circuit

Date published: Jan 10, 2006

C.A. No. 05-4476 (3d Cir. Jan. 10, 2006)

Opinion

C.A. No. 05-4476.

January 10, 2006.

(E.D. Pa. Civ. No. 05-cv-03010), (Related to Crim No. 04-cr-00446).

Present: SLOVITER, McKEE AND FISHER, CIRCUIT JUDGES

DOLORES K. SLOVITER, Circuit Judge.

Submitted is Appellant's notice of appeal which may be construed as a request for a certificate of appealability under 28 U.S.C. § 2253(c)(1) in the above-captioned case.

ORDER

The foregoing notice of appeal is treated as a request for a certificate of appealability under 28 U.S.C. § 2253(c)(1), and so treated, is denied. See 28 U.S.C. § 2253(c)(2). Jurists of reason would not debate the correctness of the District Court's dismissal of Appellant's motion pursuant to 28 U.S.C. § 2255. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also United States v. Khattak, 273 F.3d 557, 562-63 (3d Cir. 2001) (holding that the waiver of an appeal is valid unless it would work a miscarriage of justice); see, e.g., United States v. Cockerham, 237 F.3d 1179 (10th Cir. 2001) (holding generally enforceable the waiver of the right to bring a motion pursuant to § 2255).