¶1 Stephen C. Durst appeals the district court’s * judgment denying Durst’s 28 U.S.C. § 2255 motion to vacate his sentence. The sole issue presented is whether United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is retroactively applicable to final convictions on collateral review. This issue has been resolved adversely to Durst in Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir.2005) (per curiam), and his section 2255 motion is foreclosed. We affirm the district court. See 8th Cir. R. 47B.
147 F. App'x 621
Stephen C. Durst v. United States
U.S. Courts of Appeals
Decided October 27, 2005
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U.S. Courts of Appeals · decided 2005-10-27
Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Booker · Never Misses A Shot v. United States
Decided 2005-10-27