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IVY v. U.S.

United States District Court, S.D. Illinois
Oct 31, 2006
Civil No. 06-cv-4003-JPG, Criminal No. 97-cr-40049 (S.D. Ill. Oct. 31, 2006)

Opinion

Civil No. 06-cv-4003-JPG, Criminal No. 97-cr-40049.

October 31, 2006


MEMORANDUM AND ORDER


The Court previously dismissed this action as time-barred, finding that the rules announced in Blakely v. Washington, 124 S.Ct. 2531 (2004), United States v. Booker, 125 S.Ct. 738 (2005), and Apprendi v. New Jersey, 530 U.S. 466 (2000), do not apply retroactively to convictions that were final prior to the dates of those decisions. See McReynolds v. United States, 397 F.3d 479, 481 (7th Cir. 2005) ( Blakely and Booker not retroactively applicable); Curtis v. United States, 294 F.3d 841, 844 (7th Cir. 2002) ( Apprendi not retroactively applicable).

Now before the Court is Petitioner's notice of appeal (Doc. 4). Implicit in that notice is a request for issuance of a certificate of appealability. Pursuant to 28 U.S.C. § 2253, a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Further, Section 2253(c)(3) provides: "The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)."

Because this action is clearly time-barred, Petitioner has not made "a substantial showing of the denial of a constitutional right." Accordingly, the Court DECLINES to issue a certificate of appealability.

IT IS SO ORDERED.


Summaries of

IVY v. U.S.

United States District Court, S.D. Illinois
Oct 31, 2006
Civil No. 06-cv-4003-JPG, Criminal No. 97-cr-40049 (S.D. Ill. Oct. 31, 2006)
Case details for

IVY v. U.S.

Case Details

Full title:JOSEPH K. IVY, Petitioner/Defendant, v. UNITED STATES of AMERICA…

Court:United States District Court, S.D. Illinois

Date published: Oct 31, 2006

Citations

Civil No. 06-cv-4003-JPG, Criminal No. 97-cr-40049 (S.D. Ill. Oct. 31, 2006)