LLOYD v. U.S.

No. 04-3549.

407 F.3d 608 (2005)

Garry D. LLOYD, Appellant v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 17, 2005.


Attorney(s) appearing for the Case

Richard Coughlin, Esq., Anne E. Blanchard, Esq., Office of the Federal Public Defender, Camden, NJ, Counsel for Appellant.

George S. Leone, Esq., Office of the United States Attorney, Newark, NY, Counsel for Appellee.

Before: BARRY, AMBRO, and GREENBERG, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge.

All courts of appeals to have considered the issue of whether the rule of law announced in United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), applies retroactively to prisoners who were in the initial § 2255 motion stage as of the date that Booker issued have concluded that it does not. We now join those courts.

I. BACKGROUND

Appellant Garry D. Lloyd...

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