Federal 7th Circuit Court
Criminal Court
Habeas Corpus
Dist. Ct. did not err in dismissing defendant’s habeas petition challenging his sentence on drug distribution conviction, where said petition constituted second habeas petition that had not been previously authorized by Ct. of Appeals. Defendant filed and lost first habeas petition, and although defendant subsequently obtained reduced sentence under Amendment 750 of sentencing guidelines that retroactively set new offense levels for crack-cocaine-related convictions, said sentence did not provide defendant with opportunity to file second habeas petition that raised different sentencing issue, since his prior reduction in sentence did not occur within context of “resentence” proceeding that allowed Dist. Ct. to examine issues other than those posed under Amendment 750.