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U.S. v. WILLIS

United States District Court, N.D. Illinois


July 12, 2004.

United States
v.
Willis.

The opinion of the court was delivered by: PHILIP REINHARD, District Judge

MEMORANDUM OPINION AND ORDER

Petitioner, Ilander Willis, a federal prisoner under a sentence of imprisonment imposed on June 6, 1994, has filed for a modification of his term of imprisonment pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). However, the authority Willis relies on is the recent Supreme Court case of Blakely v. Washington, No. 02-1632, 2004 WL 1402697 (June 24, 2004). This application is dismissed for want of jurisdiction as § 3582(c)(1)(A)(i) confers authority to modify a sentence upon motion of the Director of the Bureau of prisons and no such motion has been filed by the Director. Further, if this court were to consider the application as a motion for relief filed pursuant to 28 U.S.C. § 2255, the result would be the same as it would constitute a successive collateral attack. Melton v. United States, 359 F.3d 855, 857 (7th Cir. 2004).

20040712

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