Burrell v. United States

SOTOMAYOR, Circuit Judge:

The question presented by this appeal is whether defendant-appellant Stanley Bur-rell’s criminal judgment became final after the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), thus entitling him to the retroactive application to his sentence of the new constitutional rule announced in Booker. To answer this question, we must first determine how the finality of Burrell’s criminal judgment was affected by our ruling on his previous appeal in which we affirmed his conviction and sentence on one count but remanded…