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BURRELL v. U.S.

Docket No. 05-2945-cr.

467 F.3d 160 (2006)

Stanley BURRELL, Defendant-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 18, 2006.

Attorney(s) appearing for the Case

Jane Simkin Smith, Millbrook, New York (Stanley Burrell, pro se, White Deer, Pennsylvania), for Defendant-Appellant (on submission).

Jason A. Jones, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief; Alyssa A. Qualls, Assistant United States Attorney, of counsel), Brooklyn, New York, for Appellee.

Before: CARDAMONE, WALKER and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

The question presented by this appeal is whether defendant-appellant Stanley Burrell's criminal judgment became final after the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), thus entitling him to the retroactive application to his sentence of the new constitutional rule announced in Booker. To answer this question, we must first determine...

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