Brett Lang v. United States

OPINION

CLAY, Circuit Judge.

Petitioner Brett Lang appeals the district court’s denial of his motion to vacate his resentencing pursuant to 28 U.S.C. § 2255. Petitioner contends that because he argued that the principle announced in Booker applied to his resentencing, he is entitled to have Booker apply retroactively despite the fact that Booker was decided after his resentencing became final. We disagree and AFFIRM the decision of the district court.

I

Petitioner was the second most culpable member of a major drug conspiracy, which distributed cocaine and heroin for approximately four years in…