Castellanos, Ramon v. United States

Opinion

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted March 10, 2005 Decided March 28, 2005

Before

Hon. FRANK H. EASTERBROOK, Circuit Judge

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. TERENCE T. EVANS, Circuit Judge

No. 05-1606

RAMON F. CASTELLANOS, On Motion for an Order Authorizing Applicant, the District Court to Entertain a Second or Successive Motion for v. Collateral Review

UNITED STATES OF AMERICA, Respondent.

ORDER

Ramon Castellanos has filed his third application pursuant to 28 U.S.C. § 2244(b)(3) for an order authorizing the district court to consider a second or successive motion under 28 U.S.C. § 2255. See No. 04-3394 (7th Cir. Sept. 20, 2004) (dismissing application because proposed claim under Blakely v. Washington, 124 S. Ct. 2531 (2004), was premature); No. 00-3241 (7th Cir. Sept. 29, 2000) (denying in part and dismissing in part application proposing a claim under Apprendi v. New Jersey, 530 U.S. 466 (2000)). Castellanos now renews his proposed Blakely claim and adds a citation to United States v. Booker, 125 S. Ct. 738 (2005). Booker does not make the Blakely rule retroactive, and in fact does not announce whether its new rule applying Blakely to the sentencing guidelines is itself applicable to cases on collateral review under § 2255 ¶8(2). The proposed claim is premature. Simpson v. United States, 376 F.3d 679 (7th Cir. 2004).

Accordingly, we DISMISS without prejudice Castellanos’ application for leave to commence a successive collateral attack. He may renew the application if No. 00-3095 Page 2

the Supreme Court makes the Booker rule retroactive.