United States Second Circuit

Denial of motion for resentencing under Booker, after entry of amended judgment following remand, is affirmed as the remand was strictly ministerial, and the judgment of conviction became final for purposes of the retroactive application of the new constitutional rule announced in Booker either when the Supreme Court denied his untimely petition for a writ of certiorari in March 2003 or when the time for filing such a petition expired.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• SOTOMAYOR, Circuit Judge:, Before:  CARDAMONE, WALKER and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jane Simkin Smith, Millbrook, New York (Stanley Burrell, pro se, White Deer, Pennsylvania), for Defendant-Appellant (on submission)., Jason A. Jones, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief;  Alyssa A. Qualls, Assistant United States Attorney, of counsel), Brooklyn, New York, for Appellee.