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GUZMAN v. U.S.

Docket No. 03-2446-PR.

404 F.3d 139 (2005)

Miguel GUZMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 8, 2005.

Attorney(s) appearing for the Case

Ruth M. Liebesman, New York, NY, for Appellant.

Daniel L. Stein, Assistant United States Attorney, Southern District of New York, New York, N.Y. (David N. Kelley, United States Attorney, and Robin L. Baker and Laura Grossfield Birger, Assistant United States Attorneys, on the briefs), for Appellee.

Before: JACOBS, SOTOMAYOR, and HALL, Circuit Judges.

JACOBS, Circuit Judge.

Petitioner Miguel Guzman appeals from the denial of postconviction relief by the United States District Court for the Southern District of New York (Scheindlin, J.). We previously affirmed the judgment of the district court, but held the mandate pending the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We now hold that Booker does not apply retroactively to cases...

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