Newton v. USA

Filing 32

ORDER denying 25 Motion to Amend 1 Motion to Vacate Sentence - 2255. So Ordered by Judge Paul J. Barbadoro. (jna)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Michael A. Newton v. United States of America Case No. 04-cv-146-PB

ORDER

Petitioner has filed a to amend his previously denied motion to vacate his sentence. I do not have the power to grant petitioner the relief he seeks. The First Circuit, and every other circuit court that has

addressed the issue, has held that Blakely v. Washington, 542 U.S. 296 (2004), and United States v. Booker, 543 U.S. 220 (2005), do not apply retroactively on collateral review. CiriloSee

Munoz v. United States, 404 F.3d 527, 533 (1st Cir. 2005).

also Valentine v. United States, 488 F.3d 325, 328-31 (6th Cir. 2007); Guzman v. United States, 404 F.3d 139, 142-43 (2d Cir. 2005); Lloyd v. United States, 407 F.3d 608, 612-16 (3d Cir. 2005); Lenford Never Misses a Shot v. United States, 413 F.3d

781, 782-83 (8th Cir. 2005); United States v. Price, 400 F.3d 844, 844-49 (10th Cir. 2005). The law on this point has not

changed since I last denied petitioner's request for relief. Petitioner's motion to amend (Doc. No. 25) is denied. SO ORDERED. /s/Paul Barbadoro Paul Barbadoro United States District Judge September 11, 2009 cc: Michael Newton, pro se Aixa Maldonado-Quinones, Esq. Peter Papps, Esq.

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