U.S. v. Ingram

Full title: UNITED STATES OF AMERICA v. BOBBY LEE INGRAM, Defendant

Court: United States District Court, S.D. Georgia, Waycross Division

Date published: Dec 8, 2010

CASE NO. CR594-002 (S.D. Ga. Dec. 8, 2010)

Opinion

CASE NO. CR594-002.

December 8, 2010

ORDER

WILLIAM MOORE JR., District Judge

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 200), to which objections have been filed (Doc. 203). Defendant's underlying Petition for a Writ of Audita Querela (Doc. 197) essentially requests that United States v. Booker, 543 U.S. 220 (2005), be applied retroactively to his sentence.¹ However, when a defendant "is collaterally attacking his sentence as violating the United States Constitution, the proper avenue of relief is [section] 2255." Schanck v. United States, 2010 U.S. App. LEXIS 12921, at *2 (11th Cir. June 23, 2010) (unpublished) (alteration in original) (citation omitted). After a careful de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation and finds Defendant's objections to be without merit. Therefore, the Report and Recommendation is ADOPTED as the Court's opinion in this case. Defendant's petition is DENIED.

1 Inapposite to this opinion, "[t]he Supreme Court's holding inBooker is not retroactively applicable to cases on collateral review." Clay v. United States, 260 Fed. App'x 239, 240 (11th Cir. 2008) (unpublished) (citing United States v. Booker, 543 U.S. 220 (2005)).

SO ORDERED this 8^th day of December 2010.