United States Ninth Circuit

Sentences for drug offenses are affirmed where: 1) the statutory limits on second or successive habeas petitions do not create a gap in the post-conviction landscape that can be filled with common law writs; 2) Booker does not apply to cases on collateral review; 3) Booker did not lower sentencing ranges, nor was Booker an action "by the Sentencing Commission", therefore 18 U.S.C. section 3582(c)(2) does not apply; and 4) petitioners did not present the exceptional circumstances and equities necessary for a grant of extraordinary relief.

Appellate Information

• Argued 08/14/2006
• Decided 09/11/2007
• Published 09/11/2007

Judges

• Before:  HARRY PREGERSON, JOHN T. NOONAN, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell V. Leonard, Assistant Federal Public Defender, Tacoma, WA, for petitioner-appellant Robert Charles Tillitz., Carol A. Elewski, Tumwater, WA, for petitioner-appellant Craig Anthony Carrington.


• For Appellees:
  
• Helen J. Brunner, Assistant United States Attorney, Seattle, WA, for the respondent-appellee.