Susinka v. United States, No. 17-1110 (7th Cir. 2017)
Annotate this CaseSusinka filed a third application for permission to file a successive motion under 28 U.S.C. 2255 to vacate his 20‐year sentence for participating in a RICO conspiracy, citing the Supreme Court’s 2016 holding in Hurst v. Florida, that Florida’s sentencing procedure for capital cases, whereby the jury delivers an advisory verdict but the judge decides whether to impose a death sentence, violated a defendant’s Sixth Amendment right to a jury trial. The Seventh Circuit dismissed, noting that this is not a capital case, that Hurst was decided before his earlier petitions, and that, because Susinka was not challenging his guilt, even newly discovered evidence would be irrelevant.
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