United States District Court, S.D. Illinois
August 8, 2005.
BRIAN K. HILL, Petitioner,
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.
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