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United States v. Martinez

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


December 20, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RUDY MARTINEZ, DEFENDANT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Rudy Martinez ("Martinez"), on whom this Court imposed a life sentence under the then-mandatory Sentencing Guidelines system in April 1992 following a jury trial, has filed a Motion To Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. §2255.*fn1 Martinez there acknowledges that back in 1994 his then counsel filed a Section 2255 motion in Case No. 94 C 2208 and that this Court denied the motion at that time, but he nonetheless urges that his current effort is not a "second or successive" motion within the meaning of Section 2244(b).

That contention is unpersuasive. Accordingly this Court complies with Martinez' alternative request that it transfer the currently tendered motion to our Court of Appeals so that Court may determine whether this Court should be authorized to consider the motion (see Section 2244 and the last paragraph of Section 2255. Because of the need for such a determination before Martinez can proceed, this Court denies without prejudice his contemporaneously-filed motion asking that the Bureau of Prisons be ordered to release certain recorded telephone conversations.*fn2


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