Opinion
05-20073-JWL
04-05-2023
United States of America, Plaintiff, v. Norman Shaw, Jr., Defendant.
MEMORANDUM & ORDER
HON. JOHN W. LUNGSTRUM, UNITED STATES DISTRICT JUDGE
On November 8, 2022, the court revoked defendant's supervised release after finding defendant in violation of the terms of his supervised release. The court sentenced defendant to twenty-one months imprisonment and one year of supervised release. Thereafter, defendant filed several pro se motions for relief, including a motion to correct sentence pursuant to Rule 35(a); a motion for relief from judgment pursuant to Rule 60(b); a motion to amend his previously filed motion to correct sentence pursuant to Rule 35(a); a motion to appoint counsel for a limited purpose; and a motion to transfer supervision to another district. The court denied the motion to appoint counsel and dismissed the remaining motions for lack of jurisdiction.
Defendant has appealed the court's revocation judgment to the Tenth Circuit. He has now filed a motion for a certificate of appealability (doc. 223) pursuant to 28 U.S.C. § 2253(c)(2). The need for a certificate of appealability, however, only applies to habeas corpus proceedings and proceedings under 28 U.S.C. § 2255. See 28 U.S.C. § 2253(c) (requiring a certificate of appealability in order to appeal those types of proceedings). This case is not a habeas corpus or a § 2255 proceeding. Accordingly, plaintiff does not need to obtain a certificate of appealability to appeal this case. The motion is denied.
IT IS THEREFORE ORDERED BY THE COURT THAT defendant's motion for certificate of appealability (doc. 223) is denied.
IT IS SO ORDERED.