Miguel Guzman v. United States

JACOBS, Circuit Judge.

Petitioner Miguel Guzman appeals from the denial of postconviction relief by the United States District Court for the Southern District of New York (Scheindlin, /.). We previously affirmed the judgment of the district court, but held the mandate pending the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We now hold that Booker does not apply retroactively to cases on collateral review, and therefore affirm.

BACKGROUND

Guzman was convicted in 1998 on numerous racketeering and drug-trafficking counts and sentenced to six…