Free Reply/Response Misc - District Court of Connecticut - Connecticut

Case 3:00-cr-00069-AHN

Document 245

Filed 07/12/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. CLINTON COX : : : : : : : CRIM. NO. 3:00CR69(AHN) CIV. NO. 3:04CV1383(AHN)

July 12, 2006

RESPONSE TO DEFENDANT'S MOTION TO STAY OR HOLD CASE IN ABEYANCE On approximately July 5, 2006, the defendant filed a motion requesting that the Court stay its consideration of his petition pursuant to 28 U.S.C. § 2255 in light of the Supreme Court's grant of certiorari in a case involving the question whether Blakely v. Washington, 542 U.S. 296 (2004) applies retroactively to cases pending on collateral review. The Government takes no position on that motion. The Government does note, however, that, contrary to the statement in the defendant's motion, the Second Circuit

has not held that Blakely applies to cases on collateral review. In fact, Green v. United States, 397 F.3d 101, 103

(2d Cir. 2005), to which the defendant cites in support of his statement, explicitly states that "neither Booker nor Blakely apply retroactively to Green's collateral challenge. Accordingly, Green's application to file a second or successive Section 2255 petition is denied." Id.; see also

Carmona v. United States, 390 F.3d 200, 202 (2d Cir.

Case 3:00-cr-00069-AHN

Document 245

Filed 07/12/2006

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2004)(rejecting retroactive application of Blakely to second or successive petitions). Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY JAMES J. FINNERTY ASSISTANT UNITED STATES ATTORNEY United States Attorney's Office United States Courthouse 915 Lafayette Boulevard Bridgeport, CT 06604 Tel: (203) 696-3000 Federal Bar No. CT15203 CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing has been mailed via First Class Mail, postage prepaid, on July 12, 2006 to: Clinton D. Cox Inmate No. 13883-014 USP Lewisburg P.O. Box 1000 Lewisburg, PA 17837 ___________________________ JAMES J. FINNERTY ASSISTANT UNITED STATES ATTORNEY