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| Retroactivity |
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United States v. Lucero,
No. 04-2131 (February 18, 2005) (Unpublished): Circuit holds that Booker is not retroactive to cases on collateral review. In accord with In re Anderson, 2005 WL 123923 (11th Cir. 2005). COA denied.
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Bey v. United States,
No. 05-3051 (10th Cir., March 1, 2005) (Published): Authorization for second or successive habeas denied because Booker may not be applied retroactively to these types of proceedings.
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United States v. Bellamy,
No. 04-5145 (June 16, 2005) (Published): Pro se federal prisoner sought a Certificate of Appealability to appeal the denial of his habeas petition that raised IAC and Booker claims. The Circuit denied the COA and held that Booker is not retroactive to cases that became final prior to its effective date of January 12, 2005. NOTE: the Circuit had already held that Booker could not be applied retroactively to second or successive habeas cases; in this case, the Circuit joined the other circuits and held that Booker cannot be applied retroactively to an initial habeas petition. No big surprise here.
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United States v. Whitehead,
No. 04-4252 (10th Cir., October 3, 2005) (Published): Felon in possession of a firearm case involving the temporal application of the Guidelines. In this case, the Guidelines in effect at the time of the offense control the case, even when a provision was repealed prior to Whitehead's sentencing that would inure to his benefit.
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