United States v. Mariano Duran, (8th Cir. 2005)
Linked as:
Text
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
No. 05-2395
United States of America, Appellee, Appeal from the United States
v. District Court for the
Southern District of Iowa.
Mariano Duran, [UNPUBLISHED]
Appellant.
Submitted: October 25, 2005
Filed: November 4, 2005
Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
PER CURIAM.
Mariano Duran appeals the district court's1 judgment denying his 28 U.S.C. § 2255 motion, wherein Duran sought relief based on the Supreme Court's holding in Blakely v. Washington, 542 U.S. 296 (2004). The district court granted a certificate of appealability on whether the rule announced in Blakely applies retroactively to cases on collateral review, and the Supreme Court thereafter issued its decision in United States v. Booker, 125 S. Ct. 738 (2005). Because neither decision applies retroactively to final convictions, see Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per curiam), we affirm the judgment of the district court. See 8th Cir. R. 47B. Counsel's motion to withdraw is granted, and Duran's pro se motion for new counsel is denied.
1The Honorable Ronald E. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa.
Sponsored links
This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2255 - Sec. 2255. Federal custody; remedies on motion attacking sentence
- U.S. Court of Appeals for the Eighth Circuit - Lenford Never Misses a Shot, Appellant, v. United States of America, Appellee., 413 F.3d 781 (8th Cir. 2005)
- U.S. Supreme Court - Blakely v. Washington, 542 U.S. 296 (2004)
See other documents that cite the same legislation
