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COOK v. U.S.

No. 04-74553.

386 F.3d 949 (2004)

Markus Loren COOK, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2004.

Attorney(s) appearing for the Case

Markus Loren Cook, Florence, CO, petitioner, pro se.

United States of America, no appearance.

Before: KLEINFELD, TASHIMA and GOULD, Circuit Judges.

ORDER

Petitioner has filed an application for authorization to file a second or successive 28 U.S.C. § 2255 motion in the district court. Petitioner contends that his sentence is unconstitutional under the Supreme Court's recent opinion in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

In our decision in Rees v. Hill, 286 F.3d 1103

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