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In the Courts

By ALM Staff | Law Journal Newsletters |
January 03, 2006

Fifth Circuit Rejects Retroactive Application of Booker

In United States v. Gentry, No. 04-11221 (5th Cir. Dec. 8, 2005), the Fifth Circuit, in a case of first impression, rejected the defendant's bid to apply United States v. Booker, 125 S. Ct. 738 (2005), retroactively on collateral review to an initial 28 U.S.C. ' 2255 motion. While Booker was pending, the defendant, convicted on drug charges, filed and lost a ' 2255 motion to vacate, correct or set aside her sentence. She later appealed, arguing that the Fifth Circuit should apply Booker retroactively to her case.

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