govinfo:USCOURTS-okwd-5_95-cr-00158-0

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, ) 
)
Plaintiff, )
)
v. ) Case No. CR-95-158-T
) CIV-05-832-T
JOHN R. TAYLOR, )
)
Defendant. )
ORDER
On July 1, 2005, Defendant John R. Taylor filed his “Motion to Vacate, Set Aside, or Correct
Sentence Pursuant to 28 U.S.C. § 2255 (¶6)(3)” in which Defendant Taylor raises an issue under United
States v. Booker, __ U.S. __, 160 S.Ct. 621 (2005).  The present motion is, however, Defendant Taylor’s
third attempt to gain relief under §2255.  His first §2255 motion was denied by the Court on November
8, 2001.  (Doc. Nos. 276, 277.)  His second motion was transferred to the  Tenth Circuit Court of
Appeals on January 24, 2005 (Doc. No. 284) and on May 17, 2005, the appellate court denied his
request to file a second or successive §2255 motion (Doc. No. 285).  
In Leonard v. United States, 383 F.3d 1146 (10th Cir. 2004), the Tenth Circuit Court of Appeals
held that a prisoner seeking to file a §2255 motion based on Blakely failed to make a prima facie showing
that satisfied the requirements of §2255(2) for filing a second or successive habeas motion.
Case 5:95-cr-00158-D     Document 288     Filed 07/25/05     Page 1 of 2
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Accordingly, this matter is again transferred to the Tenth Circuit Court of Appeals for a decision,
pursuant to 28 U.S.C. §2244(b)(3)(A), as to whether Defendant Taylor may pursue the present motion
in this Court.
IT IS SO ORDERED this 25th day of July, 2005.
 
Case 5:95-cr-00158-D     Document 288     Filed 07/25/05     Page 2 of 2

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