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*The Honorable Joan N. Ericksen, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1788
___________
Stephen C. Durst, *
*
Appellant, * Appeal from the United States
* District Court for the District
v. * of Minnesota.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: October 19, 2005
Filed: October 27, 2005
___________
Before ARNOLD, FAGG, and SMITH, Circuit Judges.
___________
PER CURIAM.
Stephen C. Durst appeals the district court’s * judgment denying Durst's 28
U.S.C. § 2255 motion to vacate his sentence. The sole issue presented is whether
United States v. Booker, 125 S. Ct. 738 (2005), is retroactively applicable to final
convictions on collateral review. This issue has been resolved adversely to Durst in
Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per
curiam), and his section 2255 motion is foreclosed. We affirm the district court. See
8th Cir. R. 47B.
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