Legal Opinion
Garry D. Lloyd v. United States
Court of Appeals for the Third Circuit
Decided May 17, 2005No. 04-3549PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge.
All courts of appeals to have considered the issue of whether the rule of law announced in United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), applies retroactively to prisoners who were in the initial § 2255 motion stage as of the date that Booker issued have concluded that it does not. We now join those courts.
I. BACKGROUND
Appellant Garry D. Lloyd was charged with bank fraud, in violation of 18 U.S.C. §§ 1344 and 2, and was convicted by a jury. When determining Lloyd’s sentence, the District Court found facts, under a…
2Cases cited21 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
- Teague v. LaneSupreme Court of the United States · 1989
16 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- United States v. DunphyCourt of Appeals for the Fourth Circuit · 2009
- Jimmy Ray Valentine (04-2116) Kenneth Jerome Valentine (05-1877) v. United StatesCourt of Appeals for the Sixth Circuit · 2007
- United States v. ShedrickCourt of Appeals for the Third Circuit · 2007
- United States v. Debra Lynn MorrisCourt of Appeals for the Fourth Circuit · 2005
- United States v. Susana CruzCourt of Appeals for the Ninth Circuit · 2005
67 more not listed; retrieve them via the Exa API.