Supreme Court's Booker decision does not apply retroactively to second or successive habeas petitions
COLLATERAL REVIEW Bey v. United States, No. 05-3051, ___ F.3d ___ (10th Cir. Mar. 1, 2005). HELD: Under Antiterrorism and Effective Death Penalty Act (AEDPA), Supreme Court’s holding in United States v. Booker, 125 S.Ct. 738 (2005), concerning federal sentencing guidelines, does not apply retroactively to second or successive habeas petitions. Read the order here. |
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