Opinion
Case No. 2:04-cr-00161
10-20-2015
UNITED STATES, Plaintiff, v. KEVIN GRANT, Defendant.
ORDER
On October 13, 2015, Defendant filed a motion for reconsideration of this Court's September 28, 2015 Order denying his motion to reduce sentence. (ECF No. 155.) Defendant simultaneously filed a notice of appeal of the same September 28, 2015 Order. (ECF No. 156.)
It is well settled that the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58-60 (1982). Although Federal Rule of Appellate Procedure 4(a)(4) effectively nullifies a notice of appeal in civil cases where there exists a pending motion for reconsideration, see Bong v. Long, 892 F.2d 79, *1 (6th Cir. 1989), there is no such corresponding provision in the criminal context. See Fed. R. Civ. P. 4(b)(3). Instead, the corresponding rule for criminal cases is limited to motions under Federal Rule of Criminal Procedure 29, 33, 34, and 35, see Fed. R. App. Pro. 4(b)(3)-(5), none of which are at issue in this case.
As such, the general rule applies and this Court lacks jurisdiction to consider the motion for reconsideration. The Court accordingly DENIES AS MOOT the motion. (ECF No. 155.)
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE