Stadfeld v. USA

Filing 2

ORDER denying 1 Motion to Vacate Sentence per 28 USC 2255 by Petitioner Jacob Stadfeld. Signed by District Judge Barbara B. Crabb on 8/22/2016. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JACOB STADFELD,
ORDER
Petitioner,
16-cv-577-bbc
08-cr-138-bbc

v.
UNITED STATES OF AMERICA,
Respondent.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Petitioner Jacob Stadfeld has moved for post conviction relief under 28 U.S.C. §
2255, contending that he is entitled to a two-point reduction in his sentence in light of the
2015 amendments to the commentary to U.S.S.G. § 3B1.2 and a recent case in the Ninth
Circuit Court of Appeals, United States v. Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016).
The motion must be denied because it is the second motion for post conviction relief
that petitioner has filed under § 2255 and he has not obtained the necessary certification for
filing. Before filing a second or successive motion, a person in petitioner’s position must
obtain certification from a panel of the Court of Appeals for the Seventh Circuit that the
motion contains “newly discovered evidence that, if proven and viewed in light of the
evidence as a whole would be sufficient to establish by clear and convincing evidence that
no reasonable factfinder would have found the movant guilty of the offense” or that the
motion is based on “a new rule of constitutional law made retroactive to cases on collateral

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review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255(h).

ORDER
IT IS ORDERED that petitioner Jacob Stadfeld’s motion for post conviction relief
under 28 U.S.C. § 2255 is DENIED because he has not obtained the necessary certification
under 28 U.S.C. § 2255(h) from a panel of the Court of Appeals for the Seventh Circuit.
Entered this 22d day of August, 2016.
BY THE COURT:
/s/
__________________________________
BARBARA B. CRABB
District Judge

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