Rodriguez v. U.S.

Full title: EDGARDO RODRIGUEZ, Petitioner v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, D. Massachusetts

Date published: Sep 21, 2005

Civil Action No. 05-30170-MAP (D. Mass. Sep. 21, 2005)

Opinion

Civil Action No. 05-30170-MAP.

September 21, 2005

MEMORANDUM AND ORDER REGARDING PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 (Docket No. 1)

MICHAEL PONSOR, District Judge

The petitioner has filed this second motion pursuant to 28 U.S.C. § 2255, seeking to vacate, set aside or correct his sentence. A previous motion based on this statute was denied by the court on March 2, 2001. This petition attempts to raise issues pursuant to the Supreme Court's decision in United States v. Booker, 125 S.Ct. 738 (2005).

This petition must be dismissed for two reasons. First, this is a second petition barred by the Antiterrorism and Effective Death Penalty Act ("AEDPA") without appropriate authorization. See 28 U.S.C. § 2244(b) (3) (A). Second, the Supreme Court's Booker decision has been held to have no retroactive effect. United States v. Cirilo-Munoz, 404 F.3d 527 (1st Cir. 2005). The petitioner may not invoke the Supreme Court's Booker decision as a basis for remedy.

For the foregoing reasons, the petitioner's motion pursuant to 28 U.S.C. § 2255 is hereby DENIED, and the petition is hereby ordered DISMISSED. This case may now be closed.

It is So Ordered.