United States Sixth Circuit

US v. Booker establishes a new rule of criminal procedure, and thus, petitioners whose convictions became final prior to Booker may not rely on Booker's rule on collateral review. Denial of petitioners' 28 U.S.C. section 2255 challenges to convictions for conspiracy to possess and distribute cocaine powder and crack cocaine are affirmed over ineffective assistance claims and a number of arguments based on Booker, which failed largely for reasons articulated in Humphress v. US, 398 F.3d 855 (6th Cir. 2005). However, a decision denying one defendant an evidentiary hearing on whether his trial counsel denied him the opportunity to accept a plea bargain is reversed and remanded for such hearing.

Appellate Information

• Decided 05/14/2007
• Published 05/14/2007

Judges

• Before:  MARTIN and COOK, Circuit Judges;  BUNNING, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jennifer L. Swize, Jones Day, Washington, DC, Timothy M. Holloway, Taylor, Michigan, for Appellants.  Phillip J. Green, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Jennifer L. Swize, Lawrence D. Rosenberg, Jones Day, Washington, DC, Timothy M. Holloway, Taylor, Michigan, for Appellants.   Brian K. Delaney, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.