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*The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1904
___________
Tomas Rodriguez, Jr., *
*
Appellant, * Appeal from the United States
* District Court for the District
v. * of Minnesota.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: October 19, 2005
Filed: October 27, 2005
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Before ARNOLD, FAGG, and SMITH, Circuit Judges.
___________
PER CURIAM.
Thomas Rodriguez, Jr., appeals the district court’s * judgment denying
Rodriguez'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
Rodriguez 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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