IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 9, 2006
AARON MILLER, PETITIONER/DEFENDANT,
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.
The opinion of the court was delivered by: Gilbert, District Judge
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence. This motion was filed by Petitioner, pro se, and the Government has not filed written responses to this motion. For the reasons set forth below, the motion is denied.
Petitioner entered an open plea to three counts stemming from a pharmacy robbery. On April 6, 2004, he was sentenced to an aggregate term of 121 months imprisonment, 3 years supervised release, restitution in the amount of $10,063.54, and a special assessment of $300. He did not file a direct appeal; therefore, his conviction was final on April 20, 2004. See Clay v. United States, 537 U.S. 522, 525, 123 S.Ct. 1072, 1079 (2003); he filed the instant motion on April 21, 2005.*fn1
In this action, he argues that his sentence is invalidated by the recent Supreme Court cases of Blakely v. Washington, 124 S.Ct. 2531 (2004), and United States v. Booker, 125 S.Ct. 738 (2005). However, the Seventh Circuit already has held that these rulings do not apply retroactively to convictions that were final prior to the Booker decision of January 12, 2005. McReynolds v. United States, 397 F.3d 479, 481 (7th Cir. 2005). See also Guzman v. United States, 404 F.3d 139, 144 (2nd Cir. 2005) (Booker does not apply retroactively on collateral review); Lloyd v. United States, 407 F.3d 608, 615-16 (3rd Cir. 2005) (same); Humphress v. United States, 398 F.3d 855, 860 (6th Cir. 2005) (same); United States v. Bellamy, 411 F.3d 1182, 1186 (10th Cir. 2005) (same); Varela v. United States, 400 F.3d 864, 868 (11th Cir. 2005) (same).
Therefore, the sole ground presented by Petitioner does not entitle him to relief under Section 2255. Accordingly, Petitioner's Motion to Vacate, Set Aside or Correct Sentence is DENIED, and this action is DISMISSED.
IT IS SO ORDERED.
J. Phil Gilbert U. S. District Judge