Gerrish v. United States

ORDER

HORNBY, District Judge.

The applications for certificates of appealability are DENIED.

1. Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), are not applicable to cases that were not on direct appeal when they were decided. By its very terms, Booker states that it is to apply “to all cases on direct review.” — U.S.-, at-, 125 S.Ct. 738, 769, 160 L.Ed.2d 621 (2005), with no reference to cases on collateral review. There is no reason to treat Blakely any differently. These cases furnish no…