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United States v. Watson

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


January 10, 2006

UNITED STATES OF AMERICA
v.
ERIC WATSON, APPELLANT

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

The opinion of the court was delivered by: Dolores K. Sloviter Circuit Judge

December 22, 2005

Present: SLOVITER, MCKEE AND FISHER, CIRCUIT JUDGES.

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.

Respectfully,

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).

20060110

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