Supreme Court's Blakely rule does not apply retroactively on collateral review

COLLATERAL REVIEW United States v. Price, No. 04-7058, ___ F.3d ___ (10th Cir. Mar. 8, 2005). Order denying defendant-appellant’s motion for rehearing and en banc consideration of panel decision denying authorization to appeal district court’s refusal to grant 28 U.S.C. § 2255 relief from federal drug trafficking convictions. HELD: Supreme Court’s holding in Blakely v. Washington, 124 S.Ct. 2531 (2004), that sentence not based solely on facts reflected in jury verdict or admitted by defendant violates Sixth Amendment, does not apply retroactively to convictions already final at time Court decided Blakely on June 24, 2004. Read the order here.