Opinion
No. 98 CR 54-2.
December 22, 2004
MEMORANDUM ORDER
Darwin Montana ("Montana") has just submitted a self-prepared filing in which he joins the legion of convicted federal felons who seek to obtain relief, years after their convictions and sentencings, based on the Supreme Court's decision in Blakely v. Washington as applied in United States v. Booker, 375 F.3d 508 (7th Cir. 2004). In this instance Montana attempts to call 18 U.S.C. § 3582(c)(2) into play, although the terms of that statute obviously do not apply to his situation. But this Court will ignore that mistaken effort, focusing instead on Montana's motion as such.
Everyone involved in the criminal justice system is awaiting the decision of the United States Supreme Court in its pending review of Booker and the related decision in United States v. Fanfan (both cases were argued before the Court on October 4, 2004). But nothing suggests any likelihood that the Supreme Court's ruling in those cases will include a retroactive application and extension of the Blakely principles that would open up for potential revision the many thousands of long-ago-imposed sentences such as Montana's. Certainly no holding of such retroactivity is implied either by Blakely itself or by Booker or Fanfan. That being so, this Court views itself as being without jurisdiction to grant the relief sought by Montana, and his motion is denied summarily.