Byron Spears v. United States

U.S. Court of Appeals for the Eighth Circuit
Byron Spears v. United States, 146 F. App'x 860 (8th Cir. 2005)

Byron Spears v. United States

Opinion

PER CURIAM.

Byron Spears appeals the district court’s 1 judgment denying his 28 U.S.C. § 2255 motion to vacate his sentence. The sole issue presented—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-—-has been resolved, and Spears’s section 2255 motion is foreclosed. See Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per curiam). Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
Byron SPEARS, Appellant, v. UNITED STATES of America, Appellee
Status
Unpublished