U.S. v. Little

Full title: UNITED STATES OF AMERICA, Plaintiff, v. LAWRENCE OZEL LITTLE, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Feb 23, 2006

Case No. 91-CV-81110 (E.D. Mich. Feb. 23, 2006)

Opinion

Case No. 91-CV-81110.

February 23, 2006

ORDER DENYING DEFENDANT'S MOTION FOR WRIT OF ADUIT (SIC) QUERELA OR FOR AN ORDER PURSUANT TO RULE 52(B) (DOCUMENT # 116)

GEORGE STEEH, District Judge

On February 10, 2006, defendant Lawrence Ozel Little filed a pro se motion entitled "Motion for Writ of Aduit (sic) Querela or for an Order Pursuant to Rule 52(b) FrCrP Declaring the Judgment of Conviction and Sentence Void . . ." This motion is a collateral attack on the judgment of sentence imposed in defendant Little's case, which was entered in October 1992. It appears that defendant has served the government with a copy of this motion.

Relying on Blakely v. Washington, 542 U.S. 296 (2004) andU.S. v. Booker, 125 S.Ct. 738 (2005), defendant asserts that his sentence violates his rights under the Sixth Amendment, because following his jury conviction certain findings of fact made by a judge, rather than a jury, increased his sentence. However, the Sixth Circuit has held, explicitly, that the procedural rules of Blakely and Booker do not apply retroactively. See Humphress v. United States, 398 F.3d 855, 860-63 (6^th Cir. 2005). Defendant's motion is, accordingly, without merit and is hereby DENIED.

IT IS SO ORDERED.