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HILL v. U.S.

United States District Court, S.D. Illinois


August 8, 2005.

BRIAN K. HILL, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

The opinion of the court was delivered by: J. PHIL GILBERT, District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on petitioner Brian K. Hill's ("Hill") Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. 1). In this motion, Hill challenges his sentence based on the Supreme Court's decision in Blakely v. Washington, 124 S. Ct. 2531 (2004), and United States v. Booker, 125 S. Ct. 738 (2005). Hill has already filed three § 2255 motions, all of which were rejected. See Case No. 99-cv-4151-JPG, Case No. 99-cv-4260-JPG & Case No. 04-cv-4132-JPG. In order for this Court to consider a successive motion, the Seventh Circuit Court of Appeals must certify the successive motion pursuant to 28 U.S.C. § 2255, ¶ 8. Nunez v. United States, 96 F.3d 990, 991 (7th Cir. 1996). The Court of Appeals has not made such a certification. Therefore, the Court does not have jurisdiction to consider this case, DISMISSES it for lack of jurisdiction, and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20050808

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