Opinion
Criminal No. 3-01-cr-37 (JCH).
January 24, 2006
RULING RE: MOTION FOR MISCELLANEOUS RELIEF [DKT. NO. 72]
Treating defendant's letter as a Motion to Resentence [Dkt. No. 72], it is denied. Defendant's judgment was final as of February 3, 2003, well before the Booker decision, which is not retroactive, and does not apply to cases which had gone to final judgment at the time Booker was decided. See U.S. v. Booker, 125 S.Ct. 738, 769 (2005); Guzman v. United States, 404 F.3d 139, 141 (2d Cir. 2005).
SO ORDERED.