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- ilnd;;1:05-cv-01778_de3 RegisterActionDate "2005-04-11" @default.
- ilnd;;1:05-cv-01778_de3 RegisterActionDescriptionText "MINUTE entry before Judge John F. Grady : F13B2F7 has filed a 28 U.S.C. ? 2255 motion [ ] seeking collateral relief from his sentence under the Supreme Court's ruling in United States v. Booker, 125 S.Ct. 738 (2005). The Seventh Circuit has made clear, however, that "Booker does not apply retroactively to criminal cases that became final before its release on January 12, 2005." McReynolds v. United States, 397 F.3d 479, 481 (7th Cir. 2005). Because F13B2F7 case was "final" prior to that date, (see Griffith v. Kentucky, 479 U.S. 314, 321 n. 6 (1987) (case is final when a "judgment of conviction has been rendered, the availability of appeal exhausted, and the time for petition for certiorari elapsed")), Booker has no applicability to F13B2F7 sentence. The motion [1-1] is denied. Mailed notice (jmm, ) (Entered: 04/14/2005)" @default.
- ilnd;;1:05-cv-01778_de3 AdministrativeID "4" @default.