Alan Vasquez v. USA
| ALAN H. VASQUEZ |
| UNITED STATES OF AMERICA |
| 19-1748 |
| April 19, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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Filing 2
ORDER: Alan Vasquez pleaded guilty in 2018 to bank robbery. He was sentenced to 96 months imprisonment and three years supervised release. Vasquez did not directly appeal his criminal judgment. Instead, he now asks us under 28 U.S.C. 2244(b) for leave to file a 2255 motion. But 2244(b) and 2255(h) require our authorization only when a 2255 motion is second or successive. Vasquez has yet to file his first 2255 motion. Thus, regardless of any other procedural hurdles he may face, Vasquez does not need our authorization to file his motion in the district court. Thus, we DISMISS Vasquezs application WITHOUT PREJUDICE. Diane S. Sykes, Circuit Judge; David F. Hamilton, Circuit Judge and Amy C. Barrett, Circuit Judge. [2] [6999835] [19-1748] (AG) [Entered: 04/23/2019 12:45 PM]
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| FOR COURT USE ONLY: Certified copy of 04/23/2019 Final Order sent to the District Court Clerk. [6999838-2] [6999838] [19-1748] (AG) [Entered: 04/23/2019 12:51 PM] |
| Filing 1 Application for an order authorizing the District Court to consider a second or successive petition for collateral review under 28 U.S.C. Section 2255 docketed. [1] [6999292] [19-1748] (AD) [Entered: 04/19/2019 03:18 PM] |
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| Petitioner: ALAN H. VASQUEZ | |
| Represented By: | Alan H. Vasquez |
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| Respondent: UNITED STATES OF AMERICA | |
| Represented By: | Debra Riggs Bonamici |
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