SANDERS, JOHN W. v. USA

Filing 3

ORDER dismissing 1 Motion to Vacate Sentence per 28 USC 2255; denying as moot 2 Motion to hold 2255 motion in abeyance. Signed by District Judge Barbara B. Crabb on 4/1/10. (krj)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------U N IT E D STATES OF AMERICA, ORDER Plaintiff, 03-cr-97-bbc 1 0 - cv -1 6 6 - b b c v. JO H N W. SANDERS, D efendan t. --------------------------------------------D e fen dan t John W. Sanders has filed a motion for post conviction relief under 28 U .S .C . § 2255, seeking a reduction in the sentence imposed on him on April 27, 2004. D e f e n d a n t has also filed a motion to hold his § 2255 motion in abeyance. Defendant con tends that his sentence must be modified because it is likely that his Kentucky sentence w ill be reversed. If it is, he says, he will be entitled to be resentenced here without

con sideration of his state sentence. Defendant filed a motion for post conviction relief in January 2006 and amended it in June 2006. The motion was denied on June 13, 2006. Once defendant filed a motion for post conviction relief, he lost his right to file any successive motion unless he obtained certificatio n from a panel of the Court of Appeals for the Seventh Circuit. 28 U.S.C. § 2255

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¶8.

He has not obtained the necessary certification.

Therefore, his motion must be

dism issed without consideration of its untimeliness or the merits of the claim.

ORDER IT IS ORDERED that defendant John W. Sanders's motion for vacation of his sentence pursuant to 28 U.S.C. § 2255 is DISMISSED because this court lacks the authority to entertain it. His motion to hold his § 2255 motion in abeyance is DENIED as moot. Entered this 1st day of April, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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