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Alcala-Ramirez v. United States

July 30, 2008

SALVADOR ALCALA-RAMIREZ, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

MEMORANDUM DECISION AND ORDER DENYING PETITIONER'S MOTION PURSUANT TO RULE 60(b), FEDERAL RULES OF CIVIL PROCEDURE (Doc. 477)

Petitioner's motion pursuant to Rule 60(b), Federal Rules of Civil Procedure, for relief from the judgment denying his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is DENIED.

Petitioner's motion is based on Blakely v. Washington, 542 U.S. 296 (2004). Neither Blakely or United States v. Booker, 543 U.S. 200 (2005), are retroactive on collateral review. United States v. Cruz, 423 F.3d 1119 (9th Cir.2005), cert. denied, 546 U.S. 1155 (2006); Schardt v. Payne, 414 F.3d 1025 (9th Cir.2005).

IT IS SO ORDERED.

20080730

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