Opinion
Nos. CA-3:05-CV-1352-H, CR-3:94-CR-021-H(01).
August 3, 2005
JUDGMENT
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,
IT IS ORDERED, ADJUDGED and DECREED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence filed pursuant to Title 28, United States Code, Section 2255 be DENIED because Petitioner's claim under United States v. Booker is not cognizable in a post-conviction proceeding.
IT IS FURTHER ORDERED that the Clerk shall transmit a true copy of the Order and the Order adopting the Findings, Conclusions and Recommendation of the United States Magistrate Judge to all named parties.