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U.S. v. Nesbitt

United States District Court, E.D. Wisconsin
Aug 3, 2006
Case No. 03-CR-110 (E.D. Wis. Aug. 3, 2006)

Opinion

Case No. 03-CR-110.

August 3, 2006


DECISION AND ORDER


Movant Marcus Shawtel Nesbitt ("Nesbitt"), filed a motion to stay and "abey." By his motions, he seeks to preserve objections to his sentence under Apprendi v. New Jersey, 530 U.S. 466 (2000), Blakely v. Washington, 542 U.S. 296 (2004) and United States v. Booker, 543 U.S. 220 (2005). Under controlling Seventh Circuit case law, Nesbitt may not challenge his sentence under Apprendi, Blakely, or Booker, because those cases do not apply retroactively to sentences such as his. See McReynolds v. United States, 397 F.3d 479, 481 (7th Cir.), cert. denied, 125 S.Ct. 2559 (2005) (regarding Booker); Simpson v. United States, 376 F.3d 679, 681-82 (7th Cir. 2004) (regarding Blakely).

While, at least implicitly, acknowledging that precedent, Nesbitt is apparently hopeful that the Supreme Court will rule or that Congress will legislate that such rulings are retroactive. If either occurs, Nesbitt's motion is part of the record. However, at this juncture, Nesbitt is not entitled to relief.

NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT:

Nesbitt's motion to stay and "abey" (Docket No. 98) is DENIED.


Summaries of

U.S. v. Nesbitt

United States District Court, E.D. Wisconsin
Aug 3, 2006
Case No. 03-CR-110 (E.D. Wis. Aug. 3, 2006)
Case details for

U.S. v. Nesbitt

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MARCUS SHAWTEL NESBITT, Movant

Court:United States District Court, E.D. Wisconsin

Date published: Aug 3, 2006

Citations

Case No. 03-CR-110 (E.D. Wis. Aug. 3, 2006)