Cuevas v. Derosa

Petitioner seeks leave to file a second or successive habeas corpus petition under 28 U.S.C. § 2255. As the ground for the present petition, petitioner relies on the recent United States Supreme Court decision in Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

Under the relevant gatekeeping provision, a new rule of law can form the basis for a second or successive habeas petition only if that rule is “made retroactive to cases on collateral review by the Supreme Court.” 28 U.S.C. § 2255, para. 8(2). To date, the Supreme Court has not decided whether Blakely is even…