Nery G. Ventura v. Dept. of Homeland

1The Honorable Harold D. Vietor, United States District Judge for the Southern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-4130
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United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the
Emeterio Rojas Silva, * Southern District of Iowa.
*
Appellant. * [UNPUBLISHED]
*
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Submitted: December 7, 2005
Filed: December 20, 2005
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Before MELLOY, HANSEN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Emeterio Rojas Silva filed a 28 U.S.C. § 2255 motion seeking relief, based on
the Supreme Court’s holding in Blakely v. Washington, 542 U.S. 296 (2004), from
his 120-month statutory-minimum sentence imposed on his drug convictions in 2002.
The district court 1 denied relief, but granted a certificate of appealability on whether
the rule announced in Blakely, or now United States v. Booker, 125 S. Ct. 738 (2005),
applies retroactively to cases on collateral review. We have since decided that it does

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not. See Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005)
(per curiam). Accordingly, we affirm the judgment of the district court. See 8th Cir.
R. 47B. Counsel’s motion to withdraw is granted.
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