Parker v. USA

Filing 3

DECISION AND ORDER signed by Judge Rudolph T Randa on 3/6/07 dismissing Earnest Parker-Bey's petition under 28 U.S.C. § 2255 for lack of jurisdiction and dismissing this case. (cc: movant, all counsel) (Randa, Rudolph T)

Parker v. USA

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Case 2:07-cv-00213-RTR

Filed 03/08/2007

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UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF WISCONSIN

U N IT E D STATES OF AMERICA, P l a i n t i f f, v. E A R N E S T PARKER-BEY, Movant. C a s e No. 07-C-213 (92-CR-178)

D E C IS IO N AND ORDER

The Court is in receipt of a letter from Earnest Parker-Bey ("Parker-Bey") questioning the c a lc u la tio n of his sentence under applicable guidelines. Parker-Bey was sentenced almost 14 ye a rs ago in March of 1993. A quick search on the Court's docketing system reveals that P a rk e r-B e y has been one of this district's most frequent filers. To wit, the Court discovered at le a st four motions attacking his sentence under 28 U.S.C. § 2255, all of which were denied. P a rk e r-B e y's missive is not, nor does it purport to be, a motion for reduction of sentence b a s e d upon a change in sentencing guidelines. See 18 U.S.C. § 3582. Accordingly, ParkerB e y's request must be construed as a successive § 2255 motion, which the Court lacks ju ris d ic tio n to consider. "Any motion filed in the district court that imposed the sentence, and s u b s ta n tiv e ly within the scope of § 2255 ¶ 1, is a motion under § 2255, no matter what title the p ris o n e r plasters on the cover." Jackson v. United States, 463 F.3d 635, 639 (7th Cir. 2006). M o re o v e r, Parker-Bey is pursuing an appeal with respect to the Court's previous denial o f his motion for reduction of sentence. (Appeal No. 06-2991). That matter remains pending o n appeal, which calls into question the Court's jurisdiction to entertain any further attacks on

Dockets.Justia.com

Case 2:07-cv-00213-RTR

Filed 03/08/2007

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P a rk e r- B e y' s sentence or conviction. See Kusay v. United States, 62 F.3d 192, 193 (7th Cir. 1 9 9 5 ) (filing of a notice of appeal "is an event of jurisdictional significance ­ it confers ju risd ictio n on the court of appeals and divests the district court of its control over those aspects o f the case involved in the appeal"). N O W , THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY O R D E R E D THAT: P a rk e r-B e y's motion to reduce his sentence [Docket No. 276] is construed as a motion u n d e r 28 U.S.C. § 2255, and is DISMISSED for lack of jurisdiction. D a te d at Milwaukee, Wisconsin, this 6th day of March, 2007. S O ORDERED, s /R u d o l p h T. Randa HON. RUDOLPH T. RANDA C h ie f Judge

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