United States v. Stovall
United States v. Stovall
Opinion
Jeffrey Ray Stovall, a federal prisoner (# 10665-035), appeals from the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Stovall is serving a 168-month prison term for his 2001 guilty-plea conviction of distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). The district court granted Stovall a certificate of appealability (COA) on the issue whether Stovall’s sentence violated his Sixth Amendment rights under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Stovall has not sought to expand the COA beyond this issue.
Stovall now seeks relief on the basis of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Booker, however, does not apply retroactively to cases on initial collateral review. United States v. Gentry, 432 F.3d 600, 605-06 (5th Cir. 2005). Accordingly, the district court’s order denying § 2255 relief is AFFIRMED.
Stovall’s motion to supplement his reply brief to argue that Booker applies retroac *465 tively on collateral review is DENIED. See Fed. R.App. P. 28 (j); 5th Cir. R. 28.4.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.