IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
June 19, 2007
MICHAEL BLACK, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
This Court has just received the most recent submission from Michael Black ("Black"), who continues his pro se post-conviction efforts to obtain relief from the 168-month sentence imposed by this Court some eight years ago (on June 6, 1999).*fn1 This time Black captions his submission "Petitioner's Writ of Audita Querela," hoping that his thus-labeled request will not run afoul of the prohibition against successive motions under 28 U.S.C. §2255.
But in doing so, even though Black says he recognizes the limitations on the issuance of such a writ (on that score he cites our Court of Appeals' affirmance of this Court's denial of the writ in United States v. Johnson, 962 F.2d 579 (7th Cir. 1992)), he impermissibly attempts to use that vehicle to urge the retroactivity of United States v. Booker, 543 U.S. 220 (2005) and Crawford v. Washington, 541 U.S. 36 (2004) to invalidate his conviction and sentence. That approach cannot prevail, and Black's current petition is denied.