Acero v. United States
Acero v. United States
Opinion of the Court
MEMORANDUM
Federal prisoner Fernando Aristobulo Acero appeals pro se the district court’s
Acero’s contention that he is entitled to be resentenced under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is foreclosed because such relief is not available retroactively on collateral review. See United States v. Cruz, 423 F.3d 1119, 1121 (9th Cir. 2005) (holding that Booker does not apply retroactively in § 2255 proceedings where the conviction was final as of the date of Booker’s publication).
To the extent that appellant raises uncertified issues in his appeal, we construe it as a motion to broaden the certificate of appealability, and deny the motion. See 9th Cir. R. 22-l(e).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.