In Re: Zambrano
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge GARLAND.
GARLAND, Circuit Judge.
Regulo Zambrano applies for leave to file a second motion to vacate his criminal sentence pursuant to 28 U.S.C. § 2255, contending that the sentence is unconstitutional under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We cannot authorize the filing, however, because the Supreme Court has not made Booker retroactive to cases on collateral review. We therefore deny Zambrano’s application.
I
In April 1995, a jury convicted Zambrano on charges relating to a conspiracy to distribute and…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- In Re WINSHIPSupreme Court of the United States · 1970
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Murray v. CarrierSupreme Court of the United States · 1986
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3Cited by27 opinions
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