Opinion
Civ. No. 05-1255(PG), (Re: Crim. No. 02-393(PG), No. Docket # 20.
August 16, 2006
ORDER
MAGISTRATE-JUDGE'S REPORT AND RECOMMENDATION
Upon de novo review of the Magistrate Judge's Report and Recommendation ("RR"), as well as the objections thereto, the Court finds no reason to depart from the Magistrate Judge's sound findings and conclusions. What is more in U.S. v. Booker, 543 U.S. 220 (2005), the Supreme Court stated that its "holdings-both the Sixth Amendment holding and [the] remedial interpretation of the Sentencing Act-" would apply "to all cases on direct review" and not collateral review. Id., at 268.
Accordingly, the Court ADOPTS the RR DENIES petitioner's motion (Docket No. 1.)
Lastly, as noted by the previous magistrate judge in her RR (see Docket No. 11), petitioner's motion is time-barred and his rights to jury trial and due process have not been violated. Therefore, he is not entitled to a Certificate of Appealability either. Judgment shall be entered dismissing this action.
IT IS SO ORDERED