Opinion
05-80025
09-13-2021
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN WATSON, Defendant.
ORDER DENYING WATSON'S MOTION FOR CERTIFICATE OF APPEALABILITY [ECF NO. 980]
VICTORIA A. ROBERTS, UNITED STATES DISTRICT JUDGE
On March 19, 2021, the Court denied Watson's motion for a sentence reduction. Watson moved for reconsideration of the order, and the Court denied that motion on May 6, 2021. On July 1, 2021, Watson filed a notice of appeal of the order denying his sentence reduction motion.
Before the Court is Watson's Motion for Certificate of Appealability.
Watson says the Court must issue a certificate of appealability under 28 U.S.C. § 2253(c)(2) if he makes a substantial showing of the denial of a constitutional right. However, § 2253(c) concerns certificates of appealability for habeas proceedings. See 28 U.S.C. § 2253(c)(1) (“Unless a . . . judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from-(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or (B) the final order in a proceeding under section 2255.”).
Watson's motion for reduction in sentence does not constitute a habeas proceeding; § 2253(c) does not apply, and Watson does not need a certificate of appealability to appeal this Court's order. Indeed, the Court of Appeals for the Sixth Circuit initiated the appellate proceedings without issuance of a certificate of appealability.
Watson's Motion for Certificate of Appealability [ECF No. 980] is DENIED.
IT IS ORDERED.