Legal Opinion
United States v. Salazar-Lopez
Court of Appeals for the Ninth Circuit
Decided October 24, 2007No. 06-36002Published
1Opinion of the Court
MEMORANDUM **
Carlos Salazar-Lopez appeals the district court’s dismissal of his petition for habeas relief, in which he claimed: 1) he is entitled to relief under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and 2) he received ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. § 2255.
We affirm the district court’s dismissal of Salazar-Lopez’s claim under Booker. Our decision in United States v. Cruz, 423 F.3d 1119 (9th Cir.2005), forecloses Salazar-Lopez’s argument. Booker does not apply retroactively on collateral review.
To prevail on a…
2Cases cited7 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. BookerSupreme Court of the United States · 2004
- Thaddaeus Louis Turner v. Arthur Calderon, Warden, San Quentin State Prison Jeanne Woodford, Warden, as Warden of San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- United States v. William Day, A/K/A William McNeilCourt of Appeals for the Third Circuit · 1992
- United States v. Brian BoothCourt of Appeals for the Third Circuit · 2005
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