United States v. Cooper , 168 F. App'x 689 ( 2006 )


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  •                 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 06a0096n.06
    Filed: February 7, 2006
    No. 05-3107
    UNITED STATES COURT OF APPEALS
    FOR THE SIXTH CIRCUIT
    UNITED STATES OF AMERICA,                          )
    )
    Plaintiff-Appellee,                         )
    )    ON APPEAL FROM THE UNITED
    v.                                                 )    STATES DISTRICT COURT FOR THE
    )    SOUTHERN DISTRICT OF OHIO
    RICKY COOPER,                                      )
    )
    Defendant-Appellant.                        )
    Before: KENNEDY, COOK, and GRIFFIN, Circuit Judges.
    PER CURIAM. Ricky Cooper appeals the district court’s order denying his demand for
    discovery and motion for a new trial under Federal Rule of Criminal Procedure 33. After hearing
    oral argument and reviewing the record, the parties’ briefs, and the applicable law, this Court
    determines that no jurisprudential purpose would be served by a panel opinion and affirms the
    district court’s decision for the reasons stated in that court’s opinion.
    The Court also declines to review Cooper’s claim that he is entitled to re-sentencing in light
    of United States v. Booker, 
    543 U.S. 220
    (2005), as he failed to raise the claim in the motion that is
    the subject of this appeal. Had Cooper raised the claim before the district court, it would have been
    foreclosed by Humphress v. United States, 
    398 F.3d 855
    , 860 (6th Cir. 2005), because “Booker’s
    rule does not apply retroactively in collateral proceedings.”
    

Document Info

Docket Number: 05-3107

Citation Numbers: 168 F. App'x 689

Filed Date: 2/7/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023