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

Byron Spears v. United States

Byron Spears v. United States
U.S. Court of Appeals for the Eighth Circuit · Decided October 26, 2005 · Melloy, Magill, Gruender
146 F. App'x 860

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.

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