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

Jon David Brooks v. United States

Jon David Brooks v. United States
U.S. Court of Appeals for the Eighth Circuit · Decided November 9, 2005 · Arnold, Fagg, Per Curiam, Smith
153 F. App'x 982

Jon David Brooks v. United States

Opinion

PER CURIAM.

Jon David Brooks filed a 28 U.S.C. § 2255 motion to vacate Brooks’s sentence based on the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court * denied relief, but granted a certificate of appealability on whether the ruling in Blakely — and now United States v. Booker, — U.S.-, 125 S.Ct. 738,160 L.Ed.2d 621 (2005) — applies retroactively to cases on collateral review. The rule announced in Booker does not apply to final criminal judgments on collateral review. See Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per curiam). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

*

The Honorable John R. Tunheim, United States District Judge for the District of Minnesota.

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