Opinion
6:05-CV-012 (WLS), 6:95-CR-003 (WLS).
December 9, 2005
ORDER
Before the Court is a Recommendation from United States Magistrate Judge G. Mallon Faircloth (Doc. 87) filed on March 11, 2005, recommending the denial of Petitioner2122s Petition for Writ of Habeas Corpus/Motion to Vacate, Set Aside, or Correct his sentence filed pursuant to 28 U.S.C. §§ 2241, 2255. (See Doc. 85). Petitioner filed his timely objection to this recommendation on March 24, 2005 (Doc. 89).
In his recommendation, the Magistrate Judge found Petitioner2122s claims attacking his sentence brought under the instant petition to be procedurally barred both on statute of limitations grounds and by restrictions on second or successive 28 U.S.C. § 2255 motions. See Peddie v. Hobbs, 196 F.3d 1249 (11th Cir. 1999). Judge Faircloth also found that Petitioner incorrectly relies upon United States v. Booker, 543 U.S. 220 (2005) in support of his arguments that the Booker Court invalidated the Sentencing Guidelines in their entirety and that the Supreme Court2122s Booker rulings were made retroactive to cases on collateral review. As a matter of law, Booker may not be applied retroactively to Petitioner2122s collateral attack on his sentence under either a Motion to Vacate, Set Aside, or Correct his sentence filed pursuant to 28 U.S.C. § 2255 or a Petition for a Writ for Habeas Corpus filed pursuant to 28 U.S.C. § 2241. Petitioner2122s objections are reiterations of arguments made in his Motion and addressed by the magistrate judge in his recommendation. (Doc. 87; see also Docs. 85, 89). Said objections are OVERRULED.
Upon full review and consideration upon the record, the Court finds that said Recommendation (Doc. 282) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Petitioner2122s Petition for Writ of Habeas Corpus/Motion to Vacate, Set Aside, or Correct his sentence (Doc. 85) is DENIED.
SO ORDERED.