United States DC Circuit

Petition for leave to file a successive section 2255 habeas petition claiming petitioner's sentence was unconstitutional in light of US v. Booker is denied as Booker does not apply retroactively and, thus, petitioner is not entitled to another habeas proceeding under either the AEDPA or the "cause and prejudice" required under pre-AEDPA law.

Appellate Information

• Decided 05/11/2007
• Published 05/11/2007

Judges

Court

• United States DC Circuit

Counsel