Opinion
Case No. 1:04CR141 CDP.
December 19, 2005
MEMORANDUM AND ORDER
Defendant Adrain Baker has filed a "Motion for Modification and Correction of Sentence." In the motion Baker argues that she should be resentenced now that United States v. Booker, 125 S.Ct. 738 (2005), has declared the United States Sentencing Guidelines to be advisory rather than mandatory. In Never Misses a Shot v. United States, 413 F.3d 781 (8th Cir. 2005), the Eighth Circuit Court of Appeals held that Booker does not apply to criminal convictions that became final before Booker was decided. Baker's conviction became final in November of 2004, andBooker was not decided until January of 2005. Under the law of this circuit, Baker cannot benefit from Booker.
Accordingly, IT IS HEREBY ORDERED that Baker's pro se motion for modification of sentence [#15] is denied.