Berry v. United States

OPINION

JONES, Chief Judge.

Petitioner James Gilbert Berry, a federal inmate proceeding by counsel, brings this Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. § 2255 (West 1994 & Supp.2005). In his motion, Berry requests re-sentencing on his 2003 conviction based on the United States Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because I find that Booker does not apply retroactively to Berry’s case, I must summarily dismiss his § 2255 motion.

Berry pled not guilty in this court to a charge of conspiracy to…