Stephen C. Durst v. United States

U.S. Court of Appeals for the Eighth Circuit
Stephen C. Durst v. United States, 147 F. App'x 621 (8th Cir. 2005)
Arnold, Fagg, Per Curiam, Smith

Stephen C. Durst v. United States

Opinion

PER CURIAM.

Stephen C. Durst appeals the district court’s * judgment denying Durst’s 28 U.S.C. § 2255 motion to vacate his sentence. The sole issue presented is whether United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is retroactively applicable to final convictions on collateral review. This issue has been resolved adversely to Durst in Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per curiam), and his section 2255 motion is foreclosed. We affirm the district court. See 8th Cir. R. 47B.

*

The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota.

Reference

Full Case Name
Stephen C. DURST, Appellant, v. UNITED STATES of America, Appellee
Status
Unpublished