Argument of Speaker
Mr. Speaker: Today we also decide case No. 05-9222 Burton v. Stuart in a Per Curiam opinion.
We granted certiorari in this case to determine whether our decision in 2004 in Blakely v. Washington announced a new rule and if so, whether it applies retroactively to prisoners seeking Federal Habeas Relief.
We do not answer these questions however because we conclude that the petition in this case is a second or successive petition under the Federal Habeas Statute.
The petition challenges the same custody imposed by the same judgment as an earlier petition.
The Federal Habeas Statute requires a prisoner who wishes to file such a second or successive petition in District Court to first authorization from the Federal Court of Appeals.
The petitioner here did not seek, much less obtained this authorization.
Accordingly under the Federal Habeas Statute the District Court could not entertain the petition.
We therefore vacate the judgment of the Court of Appeals and remand with instructions to direct the District Court to dismiss the Habeas Petition for lack of jurisdiction.
Our Per Curiam opinion is unanimous.
