Testo completo
*
The Honorable Ronald E. Longstaff, Chief Judge, United States District Court
for the Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2510
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Dwight Charles Stowe, *
*
Appellant, * Appeal from the United States
* District Court for the Southern
v. * District of Iowa.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: September 7, 2005
Filed: September 29, 2005
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Before ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Dwight Charles Stowe appeals the district court’s * judgment denying Stowe's
28 U.S.C. § 2255 motion for relief based on the Supreme Court’s recent holding in
United States v. Booker, 125 S. Ct. 738 (2005). The district court granted a
certificate of appealability on whether the rule announced in Booker applies
retroactively to cases on collateral review. Because it does not, see Never Misses A
Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per curiam), we affirm
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the judgment of the district court. See 8th Cir. R. 47B. Counsel’s motion to
withdraw is granted, and Stowe’s pro se motion for new counsel is denied.
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