U.S. Court of Appeals for the Eighth Circuit, 2005

Stephen C. Durst v. United States

Stephen C. Durst v. United States
U.S. Court of Appeals for the Eighth Circuit · Decided October 27, 2005 · Arnold, Fagg, Per Curiam, Smith
147 F. App'x 621

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.

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