Opinion
Criminal 00-0861CCC.
July 12, 2005
ORDER
Having considered the Motion to Vacate, Set Aside or Correct Criminal Sentence Pursuant to 28 U.S.C. § 2255, Blakely v. Washington, 542 U.S. ___ (6/24/2004) and Dodd v. United States, 545 U.S. ___ (6/20/2005) filed by defendant Urias Barreto-Rivera on June 23, 2005 (docket entry 1123), the same is DENIED. Defendant Barreto-Rivera was sentenced on February 19, 2003 (docket entry 1006). He never appealed his sentence. The Supreme Court has not made either Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), or for that matter United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), retroactively applicable to cases on collateral review. See, e.g., Green v. United States, 397 F.3d 101 (2d Cir. 2005). See also United States v. Price, 400 F.3d 844, 849 (10th Cir. 2005) (holding Blakely does not apply retroactively to convictions that were already final at the timeBlakely was decided).
SO ORDERED.