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U.S. v. CRUZ

No. 03-35873.

423 F.3d 1119 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Susana CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2005.

Attorney(s) appearing for the Case

Meredith A. Ahearn, Hagans, Ahearn & Webb, Anchorage, AK, for the defendant-appellant.

Richard L. Pomery, Assistant United States Attorney, Anchorage, AK, for the plaintiff-appellee.

Before GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges.

PER CURIAM.

This appeal requires us to decide whether United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), applies retroactively to cases on collateral review. We hold that Booker does not apply retroactively to convictions that became final prior to its publication.

I. BACKGROUND

Susana Cruz was convicted in June 1999 in the District of Alaska of one count of conspiracy to commit offenses relating to...

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