Opinion
Civil Action No. 05-10358-RWZ.
August 24, 2005
ORDER ON MOTION FOR CERTIFICATE OF APPEALABILITY
On Booker grounds, United States v. Booker, 125 U.S. 738 (2005) Yancy Calhoun petitioned under 28 U.S.C. § 2255 for vacation of his sentence imposed in March 1994. This Court denied the petition because the new rule was held not to have retroactive effect. Cirilo-Munoz v. United States, 404 F. 3d 527 (1st Cir. 2005). Since that decision leaves little doubt about the law in this Circuit, the application for a certificate of appealability is denied.