Judges: Per Curiam
Filed: Jul. 05, 2005
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted June 29, 2005 Decided July 5, 2005 Before Hon. RICHARD A. POSNER, Circuit Judge Hon. MICHAEL S. KANNE, Circuit Judge Hon. TERENCE T. EVANS, Circuit Judge No. 05-1486 UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee, District Court for the Northern District of Illinois, Eastern Division. v. No. 93 CR 350-4 ROBERT SHIPP, Defendant-
Summary: UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted June 29, 2005 Decided July 5, 2005 Before Hon. RICHARD A. POSNER, Circuit Judge Hon. MICHAEL S. KANNE, Circuit Judge Hon. TERENCE T. EVANS, Circuit Judge No. 05-1486 UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee, District Court for the Northern District of Illinois, Eastern Division. v. No. 93 CR 350-4 ROBERT SHIPP, Defendant-A..
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UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 29, 2005
Decided July 5, 2005
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 05-1486
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff-Appellee, District Court for the Northern District
of Illinois, Eastern Division.
v.
No. 93 CR 350-4
ROBERT SHIPP,
Defendant-Appellant. Marvin E. Aspen, Judge.
ORDER
On October 5, 2004, Robert Shipp filed, with the district court, a document entitled
“Motion for Modification of an Imposed Term of Imprisonment Under 18 U.S.C. § 3582(c)(2).”
The district court issued an order properly recharacterizing Shipp’s motion as a collateral attack
under 28 U.S.C. § 2255 and denied his motion because it was filed without our permission. In
essence, what Shipp wanted was reconsideration of the sentence he received more than a decade
ago following his conviction in 1993 on various counts of a superseding indictment charging
several narcotics-related offenses.
Shipp’s October 5, 2004, filing was obviously a “second and successive petition” to
vacate his sentence under § 2255. Because he cannot rely on the Supreme Court’s decision in
United States v. Booker,
125 S. Ct. 738 (2005), which is not retroactive to cases on collateral
review, we cannot authorize him to proceed with a second kick at this long-dead cat.
Accordingly, we AFFIRM the district court’s denial of Shipp’s motion.