IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
June 12, 2006
MARK L. NEFF, PETITIONER,
SARAH REVELL, RESPONDENT.
The opinion of the court was delivered by: Herndon, District Judge
MEMORANDUM AND ORDER
This action is before the Court to rule on Petitioner's motion to alter or amend judgment, filed pursuant to Rule 59(e) of the Federal Rules of Civil Procedure (Doc. 5). Such a motion may be granted only if movant shows there was mistake of law or fact or presents newly discovered evidence that could not have been discovered previously. Matter of Prince, 85 F.3d 314 (7th Cir. 1996), reh'g and suggestion for reh'g en banc denied, cert. denied 117 S.Ct. 608; Deutsch v. Burlington Northern R. Co., 983 F.2d 741 (7th Cir. 1993).
Upon review of the record, the Court remains persuaded that it was correct in determining that Petitioner's sentence is not invalidated by the recent Supreme Court case of Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254 (2005), as Shepard is not retroactively applicable. Therefore, the instant motion is DENIED.
IT IS SO ORDERED.
David Rherndon DISTRICT JUDGE
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