United States Second Circuit

Appeal from a denial of a motion for resentencing is dismissed as frivolous where the Booker decision cannot be the basis for a section 3582(c)(2) motion to modify a sentence and Booker does not apply retroactively to cases on collateral review. Motion for permission to proceed in forma pauperis is denied as the district court already granted the permission requested.

Appellate Information

• Decided 05/03/2007
• Published 05/03/2007

Judges

• PER CURIAM., Before WALKER, STRAUB, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Herminio Cortorreal, pro se, Fort Dix, NJ, for Petitioner.


• For Appellees:
  
• Boyd M. Johnson, United States Attorney's Office, Southern District of New York, NY, for Respondent.