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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1164 ___________ Byron Spears, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. United States of America, * * [UNPUBLISHED] Appellee. * ___________ Submitted: October 19, 2005 Filed: October 26, 2005 ___________ Before MELLOY, MAGILL, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Byron Spears appeals the district court’s1 judgment denying his
28 U.S.C. § 2255motion to vacate his sentence. The sole issue presented--whether United States v. Booker,
125 S. Ct. 738(2005), is retroactively applicable to final convictions on collateral review--has been resolved, and Spears’s section 2255 motion is foreclosed. See Never Misses A Shot v. United States,
413 F.3d 781, 783- 84 (8th Cir. 2005) (per curiam). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.
Document Info
Docket Number: 05-1164
Citation Numbers: 146 F. App'x 860
Filed Date: 10/26/2005
Precedential Status: Non-Precedential
Modified Date: 1/12/2023