Opinion
No. 3:03CR204-MU.
January 23, 2006
ORDER
THIS MATTER is before the court upon Defendant's Motion to Correct Sentence of November 2, 2005. Defendant was sentenced on December 21st, 2004, and did not appeal. Thus, Defendant's conviction became final ten days later. Federal Rule of Appellate Procedure 4(b)(1)(A)(i). United States v. Booker, which forms the basis for Defendant's motion, was decided on January 12, 2005. Though the time between the two was short, Booker only applied to cases on direct review and not those made final prior to its decision. United States v. Morris, 429 F.3d 65, 72 (4th Cir. 2005) (holding that Booker does not apply to cases on collateral review). As such, Defendant cannot benefit from theBooker, and his motion must be DENIED.
IT IS SO ORDERED.