Opinion
No. 2:03-CR-076 (01).
April 5, 2005
ORDER DENYING DEFENDANT'S MOTION TO REMAND
Came this day for consideration defendant MANUEL LOPEZ-RUIZ's "Motion for Remand or Additional Briefing Addressing his Right to be Re-Sentenced Consistent with the Supreme Court's Decision in U.S. v. Booker, Under ( 28 U.S.C. § 2255)" filed on March 22, 2005. Petitioner argues his case should be remanded pursuant to Booker for resentencing, or at least for briefing the issue of retroactivity. Booker, however, has not been declared by the Supreme Court to have retroactive application to cases on collateral review. Lopez-Ruiz is not entitled to relief and his motion for remand is DENIED.
IT IS SO ORDERED.