USA v. Amos

Filing 920070723

Opinion

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 23, 2007 Charles R. Fulbruge III Clerk No. 06-30811 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARK E. AMOS, Defendant-Appellant. -------------------Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:06-CV-1114 USDC No. 2:98-CR-146-1 -------------------Before JONES, Chief Judge, and JOLLY and OWEN, Circuit Judges. PER CURIAM:* Mark E. Amos was convicted pursuant to his guilty plea of possession with intent to distribute marijuana and conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846. He appeals the district court's dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence as being time-barred. The district court granted a certificate of Notwithstanding his assertions to appealability as to this issue. the contrary, United States v. Booker, 543 U.S. 220 (2005), is not Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * retroactively applicable to his motion. See United States v. Accordingly, the Gentry, 432 F.3d 600, 604-05 (5th Cir. 2005). judgment of the district court is AFFIRMED. 2

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