Legal Opinion

In Re: Zambrano

Court of Appeals for the D.C. Circuit

Decided January 10, 2006No. 05-3106PublishedCited by 27 opinions

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

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Blakely v. WashingtonSupreme Court of the United States · 2004
  5. Murray v. CarrierSupreme Court of the United States · 1986

14 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. In re: John Ruthell HenryCourt of Appeals for the Eleventh Circuit · 2014
  2. Price v. United StatesCourt of Appeals for the Seventh Circuit · 2015
  3. In Re: FashinaCourt of Appeals for the D.C. Circuit · 2007
  4. United States v. LafayetteCourt of Appeals for the D.C. Circuit · 2009
  5. United States v. Michael PalmerCourt of Appeals for the D.C. Circuit · 2017

22 more not listed; retrieve them via the Exa API.

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