holding that the decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, is not retroactively applicable to claims first raised on collateral review
Summary of this case from Arvizo-Pena v. MedellinCivil Action No. 4:04-CV-0600-D.
January 27, 2005
For the reasons set out in an order filed today, it is ordered and adjudged that petitioner's petition for a writ of habeas corpus is denied, and this action is dismissed with prejudice.
holding that the decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, is not retroactively applicable to claims first raised on collateral review
Summary of this case from Arvizo-Pena v. MedellinFull title:WILLIE FRANK KING, Petitioner, v. COLE JETER, Warden, FMC Fort Worth…
Court:United States District Court, N.D. Texas, Fort Worth Division
Date published: Jan 27, 2005
Therefore, in light of the Fifth Circuit's decision in In re Elwood and the persuasive authority of the…
Thomas v. JeterSecond, Thomas has not shown that such decisions are retroactive, and the weight of authority holds they are…