United States District Court, M.D. Pennsylvania
September 14, 2005.
UNITED STATES OF AMERICA
ORUSTU B. BROWN.
The opinion of the court was delivered by: SYLVIA RAMBO, Senior District Judge
MEMORANDUM AND ORDER
Orustu Brown was sentenced by this court on May 20, 2003. Brown
filed a notice of appeal on May 21, 2003. On April 28, 2004, the
Third Circuit Court of Appeals issued a mandate affirming the
judgment of conviction and sentence. Brown filed a petition for
writ of certiorari to the United States Supreme Court which was
denied on June 30, 2004. On June 14, 2005, Brown filed a motion
pursuant to 28 U.S.C. § 2255 and a brief in support of that
motion on August 15, 2005. The Government filed a response on
September 2, 2005.
In his petition, Brown objects to the Chapter Four enhancements
of the sentencing guidelines as they are in violation of United
States v. Booker, 543 U.S. ___, 125 S. Ct. 738 (2005). In Lloyd
v. United States, 407 F.3d 608 (3d Cir. 2005), the court held
that "[b]ecause Booker announced a rule that is `new' and
`procedural,' Booker does not apply retroactively to initial
motions under § 2255 where the judgment was final as of January
12, 2005, the date Booker issued." Id. At 615-616. Brown's judgment was final as of June 30, 2004. IT IS
THEREFORE ORDERED THAT:
1) The motion filed pursuant to 28 U.S.C. § 2255 is
2) The Clerk of Court shall close the file.
3) This court declines to issue a certificate of
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