United States v. Hill

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Johnathan Luther HILL…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 17, 2006

163 F. App'x 540 (9th Cir. 2006)

Opinion

163 Fed.Appx. 540 (9th Cir. 2006) UNITED STATES of America, Plaintiff--Appellee, v. Johnathan Luther HILL, Defendant--Appellant. No. 05-30254. United States Court of Appeals, Ninth Circuit. January 17, 2006

Submitted Jan. 9, 2006. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Western District of Washington, Jack E. Tanner, Senior District Judge, Presiding. D.C. No. CR-95-00174-JET.

Before: HUG, O'SCANNLAIN, and SILVERMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Johnathan Luther Hill appeals pro se from the district court's order denying his motion for writ of error audita querela. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We affirm the district court's order because Hill's conviction became final in 1999, and this court has held that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), does not apply retroactively to convictions that became final prior to its publication. See

Page 541.

United States v. Cruz, 423 F.3d 1119, 1121 (9th Cir.2005) (per curiam).

AFFIRMED.